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Legal position of commitment making officers in government contracts

Author

Listed:
  • Dimaz Disianto

    (Faculty Of Law, Universitas 17 Agustus 1945 Surabaya)

  • Isnaeni Isnaeni

    (Faculty Of Law, Universitas 17 Agustus 1945 Surabaya)

  • Endang Prasetyawati

    (Faculty Of Law, Universitas 17 Agustus 1945 Surabaya)

Abstract

This research is a normative legal research. The characteristics of Government Contracts are multi-faceted and have a special character, namely they are private with the dimensions of public law (civil law, and administrative law), which means that Government Contracts have a hybrid character. In government contracts, the Commitment Making Officer (CMO) by the Budget User/Budget User Proxy as a representative of the government is given the authority to make decisions and/or take legal action to enter into agreements and also issue funds sourced from the state budget/regional budget in  procurement of goods/services. The nature of CMO's legal position in Government Contracts is a private legal subject and its legal actions are subject to private law.  In this regard, the CMO can be civilly liable. Therefore, if the CMO makes a mistake, in this case it is in default, then the CMO can be sued for compensation to the Court as appropriate for individual legal subjects and private legal entities in general.

Suggested Citation

  • Dimaz Disianto & Isnaeni Isnaeni & Endang Prasetyawati, 2022. "Legal position of commitment making officers in government contracts," Technium Social Sciences Journal, Technium Science, vol. 28(1), pages 330-334, February.
    • Handle: RePEc:tec:journl:v:28:y:2022:i:1:p:330-334
    DOI: 10.47577/tssj.v28i1.5921
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    More about this item

    Keywords

    legal position; contract;

    JEL classification:

    • R00 - Urban, Rural, Regional, Real Estate, and Transportation Economics - - General - - - General
    • Z0 - Other Special Topics - - General

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