Provide Legal Assistance to Civil Servants in Positions as Actors of Goods / Services Procurement in Local Government Agencies with Justice and Legal Certainty

Abstract

One of the guarantees of legal protection that must be provided is legal aid. As stated in paragraph (2) and paragraph (9) of Article 21 of Law 20 Year 2023 On State Civil Apparatus, hereinafter referred to as Law No. 20 Year 2023 jo. Article 308 (3) of Government Regulation No. 11/2017 on the Management of Civil Servants, hereinafter referred to as Government Regulation No. 11/2017, states that the government is responsible for providing legal assistance to civil servants (PNS) in cases related to the performance of their duties. At present, civil servants who face legal problems are most often legal problems related to criminal offenses, especially corruption. By looking at the above, of course, there are several problems that are built, namely, ontologically, questioning the reason for the law that requires the government to provide legal assistance to civil servants. Epistimologically, the ways and methods of providing legal assistance to civil servants, especially in their position as actors in the procurement of goods and services in the government region, Furthermore, axiologically, the principle of legality in the implementation of government (Wetmatigheid van Bestuur: matters of authority, procedure, and substance) provides a guarantee of protection in the form of legal assistance. In the context of legal problems, this legal problem is related to the "incompleteness of norms" between the Law on the State Civil Apparatus, which, in the course Law of the Republic of Indonesia Number 20 of 2023 on the State Civil Apparatus. Actually, it has been implicitly regulated in Article 308 paragraph (1) letter d of PP RI No. 11/2017, but incompletely, which emphasizes that the government is obliged to provide protection in the form of legal assistance. This legal assistance consists of providing information or opinions on rights and responsibilities in specific situations, disputes, lawsuits, or legal proceedings, which may be judicial, semi-judicial, or other.