Regulation of Deviations Local Government Grant Funds To The Private Sector Through Restorative Justice

Abstract

The concept of a grant in public law is a gift by transferring rights to something in the form of money, goods and services from the government or another party to the regional government or vice versa whose purpose has been specifically determined and carried out through an agreement. Grants in the public law concept include grants to regional governments and grants from regional governments. Regional government grants are given to other regional governments, BUMN, BUMD, institutions or organizations or community groups. The implementation of the grant must be stated in the NPHD (Regional Grant Award Document). In its implementation, grants from the Regional Government to the private sector often contain irregularities. Deviations can occur in the process of submitting proposals, disbursement of funds by SKPD and use of funds by grant recipients. For these forms of irregularities, the resolution can be through a lawsuit to the District Court, a report to the Police, a report to the Corruption Eradication Committee and administrative settlement. Law enforcement regarding irregularities in regional grant funds to the private sector has so far been processed through the Corruption Court on the basis of alleged criminal acts of corruption, because the Corruption Eradication Commission believes that regional government money given to the private sector is State money so that irregularities in grant funds constitute a loss to the State. International conventions provide space to use a restorative justice approach in corruption cases. Restorative justice is a fair resolution that involves the perpetrator, victim, family and other parties involved in a criminal act and jointly seeks a resolution to the criminal act and its implications by emphasizing restoration to its original state. This research aims to: 1) analyze law enforcement regarding irregularities in regional government grant funds to the private sector using a restorative justice approach; 2) analyzing the resolution model through restorative justice in the diversion of regional grant funds to the private sector. The method used is a normative juridical approach, namely researching library materials or secondary data in the form of statutory regulations, court decisions, textbooks, legal journals, scientific essays and legal dictionaries that are directly related to the theme of this research. The research results: 1) Legal enforcement against irregularities in regional government grant funds to the private sector through a restorative justice approach is very possible, especially if the irregularities are committed by the recipient of the grant, considering that the position of grants in Islamic law and civil law is defined as the gift of an object voluntarily and without compensation from one person to another. still alive to be owned, and cannot be withdrawn, while grants in the regional finance sector are the provision of money/goods or services from the regional government to the government or other regional governments, regional companies, communities and community organizations; 2) The settlement model through restorative justice in the diversion of regional grant funds to the private sector is carried out through: (i) a statement of agreement for settlement through restorative justice from the parties, (ii) return of grant funds, (iii) carried out in the presence of community leaders and religious leaders.