Legal position of commitment making officers in government contracts

Dimaz Disianto (), Isnaeni Isnaeni () and Endang Prasetyawati ()
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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

Technium Social Sciences Journal, 2022, vol. 28, issue 1, 330-334

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.

Keywords: legal position; contract (search for similar items in EconPapers)
Date: 2022
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Persistent link: https://EconPapers.repec.org/RePEc:tec:journl:v:28:y:2022:i:1:p:330-334

DOI: 10.47577/tssj.v28i1.5921

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