Effectiveness of the Law in Supervision of Goods and Services in the Body of the Police

The research objective is to determine the effect of leadership on government procurement of goods and services, organizational culture of government procurement of goods and services, competence on government procurement of goods and services, leadership influence through organizational culture on government procurement of goods and services, leadership influence through competence on procurement of goods and government services, and formulate new concepts from the results of the discussion of the effects of leadership, organizational culture, and competence on the procurement of government goods and services. The research sample of 104 respondents was taken fully / fully. Data collection in this research uses a literature study, a research questionnaire, and observation. Data analysis using SEM Analysis. The results found that leadership influences Organizational Culture, Leadership influences Competence, Organizational Culture influences Government Procurement of Goods and Services, Competence influences Government Procurement of Goods and Services, and Leadership influences Government Procurement of Goods and Services.

In practice, a lot of irregularities occur in the process of procuring goods and services both in the budget planning process, the procurement preparation process, the process of implementing the procurement of goods and services, handing over payments and in the process of monitoring and accountability. The procurement of government goods and services is indeed a wetland for a number of individuals to commit corruption. The purpose of the research is to provide a new perspective in solving the complexity of problems in the procurement of government goods and services and analyse existing problems in order to reduce legal problems in the procurement of goods / services, especially related to the formulation of problems in this study, namely How is the mechanism of procurement of goods and services in the frame of current concepts and realities and secondly, How is the best practice of financial management in the procurement of government goods and services. This research is a normative research that uses literature study. The data collection method is carried out by reading, analysing, and tracing sources through journals, books, and laws and regulations. The method of analysis used in this research is descriptive qualitative analysis, namely interpreting the data obtained in the form of sentence descriptions. The results of this study indicate that the concept of goods / services procurement is still not in line with the existing reality, where there are many problems in the procurement of goods / services both at the planning stage and the delivery of goods. So that in this study to minimise various problems in the procurement of goods / services, the government should adopt the principles of best practice in state financial management, so as to realise good governance.

Tujuan makalah ini adalah untuk memahami dan menganalisis prinsip transparansi pengadaan barang dan jasa pemerintah berdasarkan Keputusan Presiden No. 4 2015 tentang Pengadaan Barang dan Jasa yang dapat diterapkan dalam pengadaan barang dan jasa pemerintah melalui ruilslag. Metode penelitian menggunakan pendekatan hukum normatif, karena penelitian ini akan meneliti dan menganalisa berbagai prinsip dan peraturan perundang-undangan yang terkait dengan prinsip transparansi pengadaan barang dan jasa pemerintah melalui ruilslag. Hasil penelitian ini menggambarkan secara mendalam prinsip transparansi pengadaan barang dan jasa sesuai Keputusan Presiden No 4 2015 tentang pengadaan barang dan jasa sebagai amandemen keempat dari peraturan presiden No.54 tahun 2010 yang dapat diterapkan dalam pengadaan barang. dan layanan melalui ruilslag dengan tujuan untuk dapat diakui oleh para pihak / pemangku kepentingan mengenai perumusan kebijakan, organisasi dan perusahaan pemerintah mengenai pelaksanaan ruilslag, untuk mencapai tujuan pemerintahan yang baik.

The research objective is to determine the effect of leadership on government procurement of goods and services, organizational culture of government procurement of goods and services, competence on government procurement of goods and services, leadership influence through organizational culture on government procurement of goods and services, leadership influence through competence on procurement of goods and government services, and formulate new concepts from the results of the discussion of the effects of leadership, organizational culture, and competence on the procurement of government goods and services. The research sample of 104 respondents was taken fully / fully. Data collection in this research uses a literature study, a research questionnaire, and observation. Data analysis using SEM Analysis. The results found that leadership influences Organizational Culture, Leadership influences Competence, Organizational Culture influences Government Procurement of Goods and Services, Competence influences Government Procurement of Goods and Services, and Leadership influences Government Procurement of Goods and Services.

Pengadaan Barang dan Jasa Pemerintah adalah mekanisme pengeluaran pemerintah yang memainkan peran penting dalam pemanfaatan anggaran negara. Pengadaan Barang dan Jasa Pemerintah melibatkan jumlah uang yang sangat besar, sehingga pemerintah disebut sebagai pembeli terbesar di negara ini. Dalam praktiknya, secara umum pelaksanaan pengadaan barang/jasa konstruksi Pemerintah sering menimbulkan masalah, termasuk pelanggaran baik prosedur pengadaan barang/jasa konstruksi dengan konspirasi yang tidak tepat dan pelanggaran yang merugikan Negara atau terkait dengan tindak pidana korupsi yang dilakukan oleh organisasi pengadaan barang/jasa konstruksi. Hasil penelitian ini pada akhirnya memberikan jawaban bahwa penyebab korupsi, kolusi dan nepotisme dalam pengadaan barang dan jasa pemerintah di Provinsi Lampung adalah 1) Dana yang sangat besar dikeluarkan untuk mengubah proyek menjadi penggoda yang kuat untuk mengundang koruptor, 2) Sejumlah besar data ternyata dilengkapi dengan administrasi rencana proyek pemerintah yang tidak jelas dan tertutup. Sedangkan upaya penanggulangan korupsi, kolusi dan nepotisme dalam pengadaan barang dan jasa pemerintah di Provinsi Lampung meliputi: a) Tindakan pencegahan, dalam bentuk: Pengawasan dan Pengadaan Elektronik (E-Procurenment) dan b) Tindakan represif, yaitu: hukum penegakan hukum dengan penerapan sanksi pidana yang ketat. Saran dari penelitian ini adalah bahwa itu harus dirumuskan dengan jelas tentang pertanggungjawaban pidana dalam pelaksanaan pengadaan barang dan jasa pemerintah dari penyedia barang dan jasa serta pada pejabat yang berwenang dalam pelaksanaan pengadaan barang dan jasa pemerintah.

The procurement of government goods and services is a part that is mostly affected by corruption, collusion, and nepotism. It can be seen from many government projects that do not meet deadlines, are not well-targeted, are not of good-quality, and are inefficient. A lot of equipment is purchased but not used; buildings are damaged; the lifespans of highways and bridges are short because the technical specifications are lower or are not in accordance with specified provisions so that the lifespans of the government projects reach only 30-40%. Procurement auction that is closed or is not transparent and is not announced to public is one of the causes of high corruption in procurement of government goods and services. In Indonesia, procurement of goods and services is regulated by Presidential Decree No. 54 Year 2010, with the principles of efficiency, effectiveness, transparency, openness, competitiveness, fairness or non-discrimination, accountability. E-procurement then becomes a substitute for a closed auction. The auction can be accessed online through the Internet. The system is expected to increase openness, transparency, and accountability in central, provincial, and regency or city government agencies, and BUMN, BUMD, BHMN, and public service agencies. Keywords: public sector accounting, procurement of government goods and services, e-procurment

The procurement of government goods and services is an integral part of state financial management, which must be carried out in a transparent, efficient, and accountable manner to support the performance of public services. In the context of law enforcement agencies, such as the National Police, procurement plays an important role in supporting institutional operations, especially in strategic areas such as the Natuna Police in border areas. However, in practice, procurement implementation often faces various administrative, technical, and structural obstacles that have implications for legal certainty. This research aims to analyze the mechanism for implementing the procurement of goods and services at the Natuna Police Station from the perspective of legal certainty, as well as identify inhibiting factors and efforts to strengthen them. This study uses an empirical juridical approach using a qualitative method. The approach used includes a statute approach to analyze applicable regulations, a case approach to procurement practices at the Natuna Police Station, and a conceptual approach to understanding relevant legal principles. Data were obtained through interviews, observations, and the study of documents and regulations related to the implementation of procurement. The theories used as knives for analysis are Sudikno Mertokusumo’s Legal Certainty Theory and Lawrence M. Friedman’s Legal System Theory. The results show that although the Natuna Police has referred to Presidential Regulation No. 16/2018 and internal police regulations, there are still structural constraints, unsynchronized regulatory substances, and a weak culture of legal compliance. Therefore, strengthening the supervisory system, digitizing procurement, and increasing the capacity of human resources are important steps in ensuring legal certainty in the implementation of procurement.


 There are a variety of issues that arise in the procurement of government goods and services, ranging from effectiveness and efficiency to the misuse of funds allocated to the procurement of goods and services by the government. Following the numerous issues that arose, the government took efforts to change its policies on goods and services as a result of the various issues that arose. Policy modifications are established by issuing a Presidential Regulation (Perpres) governing the procurement of new goods and services, particularly Presidential Regulation Number 12 of 2021 to reinforce Presidential Regulation Number 16 of 2018. Qualitative methods were used in conjunction with document studies in this study. In this study, secondary data in the form of primary legal materials, in this case Presidential Regulation No. 12 of 2021 concerning the procurement of government goods and services, was used to support the findings of existing scientific research and various related literature. The primary legal materials used in this study were Presidential Regulation No. 12 of 2021 concerning the procurement of government goods and services, which was supported by the findings of existing scientific research and various related literature. The results of this study are the governance of government procurement of goods/services in Presidential Regulation Number 12 of 2021 as a refinement of Presidential Regulation Number 16 of 2018 concerning Government Procurement of Goods/Services (hereinafter referred to as Perpres 16/2018) which was promulgated in March 2018. This regulation is intended to accelerate and simplify the process, as well as provide value for money and also easy to manage and supervise.
 
 
 

This study aims and analyzes the mechanism of procurement of goods and services by PT PLN (Persero) Mataram branch and procurement of service goods at PT PLN (Persero) Mataram branch in the context of business competition. Normative type of research is often the law conceptualized as what is written in the legislation. By using the Legislative approach and Conceptual approach. The collection of legal materials with literature studies, then analyzed using interpretations consisting of systematic interpretation and authentic interpretation to build legal argument as a fact which is compiled deductively infer from the general to the specific. Conclusion The mechanism of procurement of goods and services by PT. PLN (Persero) Mataram Branch, based on Law Number 19 of 2003 concerning State-Owned Enterprises, Law Number 40 of 2007 concerning Limited Liability Companies, Presidential Regulation Number 16 of 2018 concerning Procurement of Government Goods / Services, Regulation of the Minister of State-Owned Enterprises Number 15 of 2012 concerning Guidelines for Procurement of Goods / Services of PT PLN (Persero).

Opportunities for government infrastructure development require procurement of goods and services, the regulation of procurement of goods and services is regulated in Presidential Regulation (Perpres) Number 12 of 2021 concerning Government Procurement of Goods and Services. In this opportunity for procurement of goods and services, the government has an opportunity for a tender process, in tender procurement sometimes a tender conspiracy arises. This tender conspiracy is regulated in Article 22 of Law Number 5 of 1999 concerning the Prohibition of Monopolistic Practices and Unfair Business Competition. In Case Number 08/KPPU-L/2023 and Case Number 17/KPPU-L/2022, there has been a tender conspiracy that has harmed job owners, business actors and the community. Problem Formulation (1) What is the legal protection for parties who are harmed due to tender conspiracy in the procurement of goods and services? (2) What are the indications of tender conspiracy in the hearing of the Business Competition Supervisory Commission? The research method used is Normative Jurisprudential, the type of data used is secondary data, to obtain secondary data, primary legal material data sources and secondary legal materials are used, data collection techniques are literature studies and interviews, qualitative analysis data analysis techniques. The results of the study (1) the form of protection provided to the injured parties in Case Number 08/KPPU-L/2023 and Case Number 17/KPPU-L/2022, namely providing protection by imposing large fines and hoping to provide a deterrent effect on business actors (Reported). (2) The indications contained in Case Number 08/KPPU-L/2023 and Case Number 17/KPPU-L/2022 are that there are indications that several participants are involved in one control, which can be seen from the similarity of the technical documents they submit. In addition, there is suspicion of collusion during the implementation and evaluation process, including, the tender winner who subcontracts the work to another company or the losing tender participant. At the evaluation and determination stage of the tender winner, there were also indications that the committee tended to give privileges to certain participants. Furthermore, when submitting objections, the committee did not seem to respond to complaints from tender participants, which further strengthened the suspicion of collusion.

In the procurement of government goods and services often found cooperation operations in the implementation. From the background, the problem of the legal position of operations cooperation in the procurement of government goods and services and how to conduct operations cooperation in the procurement of government goods and services. The purpose of drafting this thesis forming is to know the position of law and the implementation of operations cooperation in the procurement of government goods and services and it is expected to provide a clear reference and direction or can be a thought contribution for the government and society in terms of the implementation of operations cooperation agreement. The method used is the type of normative research using a normative juridical method of approach by collecting the legal material that includes covering legislation, official documents, books, research results which is tangible reports and so on that are examined and analyzed using qualitative-descriptive analysis, which is analysis by describing and reviewing the data of the literature in the form of statements or words carefully and systematically. From the research results can be concluded that the legal position of operations in the procurement of government goods and services has essentially had a strong legal basis, both from the civil law and the administrative law that is carried out under the Agreement/Operational Cooperation ( KSO ) by the parties, so that the parties who have agreed on the KSO agreement is fastened in the agreement.

This research aims to describe and analyze the application of the Domestic Component Level (TKDN) in the procurement of government goods and services at the General Bureau and Procurement of Goods and Services of the Ministry of Education, Culture, Research and Technology as well as determine the level of success and find a model for implementing the Domestic Component Level (TKDN) policy in the procurement of government goods and services at the General Bureau and Procurement of Goods and Services of the Ministry of Education, Culture, Research and TechnologyThe research method used is a descriptive analytical method with a qualitative approach. Data was collected through in-depth interviews with relevant officials, document analysis, and direct observation of the goods and services procurement process. This research identified several main challenges in implementing TKDN, including limited local production capacity, quality of domestic products, and understanding and compliance with TKDN regulations by procurement actors. The research results show that although the TKDN policy has great potential to encourage local industry, its implementation still faces various obstacles. Efforts are needed to increase the capacity and quality of domestic products, as well as more intensive outreach and training for procurement actors. This research recommends increasing coordination between government and industry, as well as regular evaluation of TKDN policies to ensure their effectiveness in supporting national economic development.

This study aims to determine the Role of Management Control Systems in Procurement of Government Goods and Services in the Dinas Kesehatan Kabupaten Jeneponto. The type of data used in this study is qualitative data. Data collection techniques in this study are interviews, literature studies, and documentation. Data analysis method used in this research is Qualitative Descriptive. The results showed that the role of the management control system in the procurement of goods and services at the Dinas Kesehatan Kabupaten Jeneponto was good because the control system had the role of forming committees, implementing, monitoring and supervising the procurement of goods and services at the Dinas Kesehatan Kabupaten Jeneponto.

Whistleblowers are parties who report and provide information to law enforcers about criminal acts of corruption that occur, but in fact, there are still cases where Whistleblowers do not receive protection in exposing criminal acts of corruption in the procurement of government goods and services. This research aims to find out what the position of Whistleblowers is in uncovering cases of criminal acts of corruption in the procurement of government goods and services, and how Whistleblowers are protected in uncovering cases of criminal acts of corruption in the procurement of government goods and services. The research method used is normative juridical with a statutory approach and a case approach. The research results show that the position of a Whistleblower is a fact-telling witness who provides information for the purposes of investigation, prosecution and trial regarding criminal acts of corruption in the procurement of government goods and services that occur as regulated in Law Number 31 of 2014 concerning Protection of Witnesses and Victims. Legal protection for Whistleblowers in cases of criminal acts of corruption in the procurement of government goods and services, although it has been regulated in Law Number 31 of 2014 concerning Protection of Witnesses and Victims, where implementation is carried out by LPSK and other law enforcement agencies, there are still several cases where Whistleblowers can be found. receive physical and psychological threats, as well as being criminally reported so that regulations regarding the protection of Whistleblowers need to be strengthened to provide maximum legal protection.

The pace of infrastructure development in Indonesia is increasing rapidly, this is a form of the government's commitment to improving people's welfare. The pace of infrastructure development in reality often has problems, including failure to build. The absence of criminal provisions in Presidential Regulation Number 12 of 2021 concerning Amendments to Presidential Regulation Number 16 of 2018 concerning Procurement of Government Goods and Services has resulted in the blurring of the boundaries of the criminal and civil realms as well as administrative law in setting sanctions for providers of goods and services deemed negligent. This is often seen in cases of corruption in the procurement of goods and services, which often attracts service providers to become one of the perpetrators of criminal acts. This situation is clearly wrong, because not all acts of service and goods providers can be said to be related to the occurrence of corruption in the procurement of goods and services. This study aims to further analyze the legal protection for service and goods providers in cases of corruption in the procurement of goods and services. The method in this writing is normative. Based on the existing studies, it can be seen that the implementation of criminal sanctions for corruption in the procurement of goods for infrastructure development has not been based on the legal politics of procurement of goods, so that the criminal sanctions are still unclear, because the issue of procurement of goods should not be directly subject to criminal sanctions as an ultimum remidium, considering the procurement of goods regulated by administrative law not criminal law, while criminal threats are only as a last resort when violations in the realm of procurement of goods in infrastructure development are not controlled.