POLICY EVALUATION OF KPPU IN THE SUPERVISION OF E-PROCUREMENT FOR THE REVITALIZATION OF TAMAN ISMAIL MARZUKI PHASE III IN 2022

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.

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.

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).

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.

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.

Embezzlement in the procurement of goods and services is the largest category of corruption cases handled by the KPK. In general, the form of fraud in the procurement of goods and/or services is the practice of direct appointment and the manipulation of the self-estimated price (HPS). The purpose of this research article is to analyse the potential susceptibility to corruption in tenders for the procurement of government goods and services that are not in accordance with the principles of fair business competition, and the efforts to prevent the potential susceptibility to corruption in tenders for the procurement of government goods and services that are in accordance with the principles of fair business competition. The method used is normative legal research. The results of the study indicate that the collusion between business actors and public officials in the tendering process begins during the budget planning and tendering process. The government's efforts to reduce the potential for corruption in the procurement of public goods and services by changing the organisational structure of procurement and tenders are being carried out through e-purchasing and expanding the object of refutation of auctions and tenders carried out by taking into account the principles of fair business competition, namely in a transparent, non-discriminatory manner and without barriers to entry

<p><em>Procurement of government goods and services is one of the activities that is very prone to corruption, collusion, and nepotism (KKN). In addition to carrying out law enforcement, to overcome KKN in the procurement of goods and services, various supporting policies are established that are enforcement and prevention. The research conducted is normative juridical or research that analyzes written law, jurisprudence, and norms that live in society. The descriptive-analytical approach aims to take systematic, factual, and accurate data on a problem based on applicable laws and legal norms. The results of this study show that Good Governance can anticipate state financial losses in the Government BJP through the implementation of the principles of participation, rule of law, transparency, effectiveness and efficiency, and accountability. The forms of policies in the procurement of fair goods and services are the establishment of integrity pacts by both relevant agencies and PJB participants, the E-procurement System, the procurement of goods and services through electronic tenders that are spared, and a comprehensive audit system to find indications of violations.</em></p><p><strong><em>Keywords: Good Governance, Goods and Services, State Finance, E-Governance, E-Procurement.</em></strong></p>

Research in connection with the theme is “ Implementation of Good Corporate Governance (GCG) in Procurement at PLN Bali”. The problems are researched the translation of good corporate governace forms in the procurement of goods and services at PLN Bali and the form of the procurement of goods and services at PLN Bali. This research includes the category of empirical legal research, legal research is a empirical means reviewing the practical reality in daily life - today. The nature of the research is descriptive research that has a goal to paint a picture of something in the area and at a certain moment. Furthermore, the technique used is to study documents, interviews, Non-Probability Sampling, purposive sampling. Procurement of goods or services in PLN involves many parties, the employees who were appointed to take care of such procurement and future providers of goods and services. In this relationship unfair business competition or the price is too high or low in supply. However, the existence of e-procurement and the correct procedures in the procurement of goods and services as well as the concept of GCG which also animates the principles of procurement of goods and services. Procedures in the procurement of goods and services as well as the principles of GCG, the procurement in PLN can be carried out transparently, responsibly, independently, fairly and equitably.

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.

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.

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.

This study aims to Corruption in the procurement of goods and services is one of the most common corruption offences, ranking second only to gratuities/bribes. This is based on the World Bank (World Bank), every year more than 10 billion US dollars or around 85 trillion rupiah of the central government budget, both for routine expenditure and development projects, are spent through the procurement of goods and services. The purpose of this study is to find out the effectiveness of legal regulation of corruption offences in the procurement of goods and services for the benefit of the government and to find out to Overcome Obstacles in Law Enforcement of Corruption in the Procurement of Goods and Services for Government Interests so that Corruption Cases Can Decrease. The method used is a qualitative research method with descriptive analysis through legislative, case and conceptual approaches. The result of this research is that the formulation of minimum criminal punishment in Law Number 20 Year 2021 has shortcomings, namely not formulating sentencing guidelines to apply this minimum criminal punishment and efforts to overcome obstacles in law enforcement of corruption in the Procurement of Goods and Services so that the number of cases of Procurement of Goods and Services in the following year can decrease, including The principle of procurement must be carried out in tandem with enforcing integrity and increasing the professionalism of procurement human resources

This study aims to Corruption in the procurement of goods and services is one of the most common corruption offences, ranking second only to gratuities/bribes. This is based on the World Bank (World Bank), every year more than 10 billion US dollars or around 85 trillion rupiah of the central government budget, both for routine expenditure and development projects, are spent through the procurement of goods and services. The purpose of this study is to find out the effectiveness of legal regulation of corruption offences in the procurement of goods and services for the benefit of the government and to find out to Overcome Obstacles in Law Enforcement of Corruption in the Procurement of Goods and Services for Government Interests so that Corruption Cases Can Decrease. The method used is a qualitative research method with descriptive analysis through legislative, case and conceptual approaches. The result of this research is that the formulation of minimum criminal punishment in Law Number 20 Year 2021 has shortcomings, namely not formulating sentencing guidelines to apply this minimum criminal punishment and efforts to overcome obstacles in law enforcement of corruption in the Procurement of Goods and Services so that the number of cases of Procurement of Goods and Services in the following year can decrease, including The principle of procurement must be carried out in tandem with enforcing integrity and increasing the professionalism of procurement human resources

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

Procurement of goods and services for the benefit of the government is one of the tools to drive the wheels of economy in order to improve the national economy in order to create people's welfare and improve the quality of human resources. However, there are many problems in the implementation of the goods and services procurement program, such as mark-ups that exceeded the limit and law enforcement which was considered problematic, this resulted in the difficulty of determining which administrators were responsible for violations in the procurement of goods and services, given the complex form of management in a corporation that raises doubts about the possibility of the corporation to be held criminally liable and sentenced. Especially in hospitals which, at every level, every subject who carries out their duties and functions, can represent the hospital as a corporation. This article discusses corporate criminal responsibility for violations committed by Directors, Budget User Authorities, procurement committees and/or project executors in the procurement of goods and services in hospitals. This study will answer how is the criminal responsibility for violations committed by the Director and Committee in the procurement of goods and services at the Hospital and how is corporate criminal responsibility towards third parties for violations committed in the procurement of goods and services at the Hospital. The method used is qualitative and the approaches used are statute, conceptual, and case.