KPPU's Role in Enforcement of Business Competition Law on Government Procurement of Goods/Services during the COVID-19 Pandemic

Abstract

The purpose of this study was to determine the role of KPPU in Enforcement of the Competition Law for the Procurement of Government Goods/Services during the Coronavirus Disease (Covid-19) Pandemic in Indonesia. This type of research is normative legal research, by examining primary and secondary legal materials. The approach method used is a statutory approach, and a conceptual approach. The technique of collecting literature study materials and qualitative analysis using legal interpretations in an authentic and grammatical manner. Procurement of goods and services in emergency conditions has been regulated in Presidential Regulation Number 16 of 2018 concerning Government Procurement of Goods and Services, where the process of implementing PBJ is carried out through Direct Appointment. In addition to the Presidential Decree, PBJ LKPP has issued Head Regulation (PERKA) LKPP No. 13 of 2018 concerning Procurement of Goods/Services in Handling Emergency Situations, which states that in the procurement process during an emergency there are at least four important phases that must be passed, namely planning, implementation, settlement of payments, and audits. President Joko Widodo on March 20, 2020 has issued Presidential Instruction (INPRES) Number 4 of 2020 concerning Refocussing of Activities, Reallocation of Budgets and Procurement of Goods and Services in the context of Accelerating Handling of Corona Virus Disease 2019 (Covid-19). The difference between the ordinary PBJ process under normal conditions is that the direct appointment time is relatively faster, there is no need to announce it on the LPSE (Electronic Procurement Service) website, there is no need for a price evaluation process, and the officials who carry it out are PA, KPA, and PPK directly. And there is no need to form a Procurement Working Group.