CD Tesis

Gagasan Perluasan Kewenangan BPK Dalam Pembuktian Tindakan Persekongkolan Pada Proses Tender Pengadaan Barang Dan Jasa Pemerintah

---

The Supreme Audit Board (BPK) has determined that there were at least 40 collusion
findings in the tender process for the procurement of goods and services as reported in
the BPK Perwakilan Riau Report (LHP) for the period 2016 to 2019, meanwhile
specifically collusion has been regulated in Law Number 5 of 1999 concerning the
Prohibition of Monopolistic Practices and Unfair Business Competition which gives
authority to Komite Pengawas Persaingan Usaha (KPPU) to conduct an assessment of
the existence of a conspiracy in the procurement of government goods/services, so that
it is necessary the juridical aspect is examined on the legality of BPK's Report which
has determined the act of collusion in the process of procuring government goods and
services. This study aims to determine the juridical impact of collusion in the process
of procuring goods and services on the management of state finances and to determine
the legitimacy of the BPK's Report which has determined state losses due to collusion
in the tender process for government procurement of goods and services. The methods
of this research uses normative juridical research, namely research that uses a
literature review to analyze existing problems. The research results show that the act
of conspiracy in the procurement of government goods/services causes the
goods/services procurement agreement to be null and void so that according to law the
conditions are returned to their original condition prior to the signing of the
agreement, under these conditions the BPK can calculate the overpayment if there is a
difference in the contract price with the actual price. Determination of collusion in the
process of procuring goods and services at BPK's Report can be seen as an
independent authority (vrijs bevoegdeheid) because collusion in tenders for the
procurement of government goods/services is still within the scope of state financial
expenditure which is a form of government disobedience to the management of state
financial expenditure. The expansion of the authority of the BPK RI in determining
conspiracy in the process of government procurement of goods/services requires the
support of laws and regulations to provide legal certainty for examiners in conducting
examinations of conspiracy to procure government goods/services, not only providing
legal certainty, These laws and regulations can be placed as a means of legal reform
within the scope of state financial audits so that the expansion of BPK RI authority can
be an additional resource to realize the objectives of government procurement of
goods and services.
Keywords: Authority, Goods and Services Procurement Conspiracy

---

Ketersediaan

Informasi Detail

Judul Seri

-

No. Panggil

1910247165

Penerbit

Pekanbaru : Universitas Riau – Pascasarjana – Tesis Ilmu Hukum., 2023

Deskripsi Fisik

-

Bahasa

Indonesia

ISBN/ISSN

-

Klasifikasi

1910247165

Tipe Isi

-

Tipe Media

-

Tipe Pembawa

-

Edisi

-

Subjek

ILMU HUKUM

Info Detail Spesifik

-

Pernyataan Tanggungjawab

FATAH

Versi lain/terkait

Lampiran Berkas

Komentar

---

Anda harus masuk sebelum memberikan komentar