DISCOURSE: CRIMINAL LIABILITY FOR THE FAILURE OF NATIONAL / REGIONAL DEVELOPMENT PLANNING

Abstract

National / Regional Development Planning (PPN/D) is a derivation of political promises of the head of state / region, hence the National and Regional Development Planning tends to be momentary interests of the head of state / region and / or elitists around him. The National and Regional Development Planning which is put into the program and made as a project can be colored by the elements of corruption, collusion and nepotism and that the program / project is likely to be executed at random. The liability for acts of corruption, collusion, and nepotism that leads to the failure of the National / Regional Development Planning is still noticeably blurry and so light, and limited only when the accountability report of the implementation of the National and Regional Development Planning is declared “rejectedâ€, then the head of state / region concerned would be requested to fix it and / or he could no longer run. On the other hand, the National / Regional Development Planning must have used a large number of resources, so it is interesting to see more deeply, such as the possibility of criminal sanctions which can be imposed as a “deterrent†of a bad faith of the whole process National / Regional Development Planning. Based on those mentioned above, this paper will discuss the possibility to request criminal liability for the failure of the National / Regional Development Planning. The research method used is qualitative descriptive, using secondary data, a literature search. Since the head of state/region is the responsibility center of the government administration, the head of state / region must be responsible for the implementation of National / Regional Development Planning. The rejection of the accountability report presented by the head of state / region is a measure of the failure of the National/Regional Development Planning. Since the National / Regional Development Planning is a derivation of the political promises of the head of state / region at the time of the election campaign, the criminal offenses of fraud could be made as the basis of criminal liability for the failure of the National / Regional Development.