Peranan Konsulen Hukum (Legal Counsellor/Legal Advisor) pada Kelembagaan BPK-RI di Jakarta dan Medan

Abstract

The enhancement of the role of The Supreme Audit Board of the Republic of Indonesia (BPK-RI) as one of State High Institutions to audit the management and responsibility of the State Financial, Legal Counselor (LC) and Legal Advisor (LA) are considerably needed to be established in the secretariat of BPK-RI in form of a working unit (division) concentrates in dealing with legal aspects consisted in audit findings in order to improve the quality of the audit and to ensure the audit accuracy from legal point of view. The need of LC and LA establishment is accordance with the recommendation of the People's Assembly of the Republic of Indonesia (MPR-RI) as stipulated in the Decree of MPR No. X/MPR/2001 that suggests BPK to report immediately to the Attorney General and/or Police if its findings irregularities or criminal cases as regulated in Article 3 of Law No. 5/1973 about the existence of BPK-RI. Considering the importance stated above, the writer studied and researched regulations that legalize the establishment of the working unit of LC and LA in BPK-RI and disadvantage factors faced in the establishment process and also the policy taken to empower the LC and LA in performing their function effectively and efficiently. The research is Analytical Descriptive using the normative approach method and the research standpoint is the legal base of the establishment of the LC and LA in BPK- RI concerning with the settlement of the follow up actions of the audit findings that caused legal disputes or state loss. The study or the research conducted by the writer, however, regard to a sociological approach to go over the harmony of legal aspects involved. The study results proved that the division of LC and LA is needed in order to submit audit findings that indicated to be criminal acts to the Attorney General and/or Police. To obtain the maximum outcome, a legal base is needed for the establishment of the LC and LA which regulates the assignment and functions of the division that in turn will enable it to perform its role as expected. Besides, BPK-RI needs to recruit experienced lawyers and improve the education and training of law subjects or forensic audits to the existing staffs of BPK-RI.