Open AccessLegal position of commitment making officers in government contracts
Author(s) -
Dimaz Disianto,
Isnaeni Isnaeni,
Endang Prasetyawati
Publication year - 2022
Publication title -
technium social sciences journal
Language(s) - English
Resource type - Journals
ISSN - 2668-7798
DOI - 10.47577/tssj.v28i1.5921
Subject(s) - business , law , government (linguistics) , legal research , private law , normative , position (finance) , law and economics , public law , political science , economics , finance , philosophy , linguistics
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.