Government Procurement Of Goods Research Articles

Challenges and Opportunities In Government Procurement Law In The Digital Era

Procurement of government goods and services is one of the important activities that must be carried out by the government to meet its needs in carrying out its duties and functions. Government procurement of goods and services also plays a role in spurring economic growth and improving community welfare. The aim of this research is to analyze the legal challenges and opportunities for government procurement of goods and services in the digital era. This research uses normative juridical research methods. The data collection technique used in this research is literature study. The data analysis technique used in this research is qualitative analysis. The research results show that the digital era has brought changes and new challenges in the procurement of government goods and services, including cyber security, unclear regulations and competitive inequality. Meanwhile, legal opportunities for government procurement of goods and services in the digital era include efficiency and effectiveness, transparency and accountability, and increased participation.

The Influence of Procurement Literacy and Budget Supervision on Regional Public Health Service Agency Budget Absorption of Tugurejo Hospital

Financial planning, management, and control will improve with a greater understanding of procurement literacy and budget monitoring. The regulations about the procurement of government goods and services are currently governed by Presidential Regulation Number 54 of 2010, with the most recent amendment being Presidential Regulation Number 16 of 2018, commonly known as the Presidential Decree on Government Procurement of Goods and Services. These regulations were formulated by the Procurement Policy Institute for Government Goods and Services, also known as LKPP. The urgent/immediate need for goods/services results in the procurement process for goods/services sometimes not complying with the provisions for procurement of goods/services. Therefore, a budget monitoring role is needed, so that budget absorption can be absorbed optimally. This research aims to determine the influence of procurement literacy and budget supervision on the absorption of the BLUD Tugurejo Hospital. This type of research uses quantitative descriptive, using regression testing via the SPSS application. The research results show that procurement literacy and budget supervision have a significant effect on the absorption of the BLUD Tugurejo Hospital. The positive impact that arises is the improvement of existing infrastructure in the village so that national development can continue to move in a better direction. In practice, the BLUD of Tugurejo Regional Hospital requires budget supervision by competent human resources so that the planned budget absorption can be realized perfectly. Competent HR means HR with a high level of financial literacy and procurement literacy

Empowerment of PT. MSEs/Individual for Participating in Government Procurement of Goods and Services

The obstacles faced by micro, small, and medium enterprises (MSMEs) in participating in public procurement even though they are legal entities are related to the system, culture, and human resources implementing public procurement. The first obstacle is Indonesia's rigid and inflexible public procurement system. The qualification requirements set by the government often do not match the capabilities of MSMEs. In addition, the lack of internet network access support in the regions makes it difficult for MSMEs to participate in the procurement of goods and services. The second obstacle is the culture of corruption, collusion, and nepotism (KKN) that is still inherent in the Indonesian bureaucracy. Goods and services procurement is one of the biggest contributors to corruption cases in Indonesia. The third barrier is the limited human resources, both in terms of numbers and competencies, owned by MSMEs. MSMEs often have inadequate quality of human resources, especially in terms of knowledge and skills in the field of goods and services procurement. The research method used is normative juridical with a statutory approach and conceptual approach. The purpose of this research is to find out what causes MSEs to be difficult to participate in the procurement of government goods and services even though they are legal entities. This research is expected to contribute to the development and improvement of the public procurement system, so that in practice it can involve more micro, small, and medium enterprises, especially those that already have legality and meet technical requirements.

THE EFFECTIVENESS OF CORRUPTION CRIME INVESTIGATIONS IN THE SECTOR OF PROCUREMENT OF GOVERNMENT GOODS AND SERVICES (Case Study at Poso Police)

This study aims to: 1) find out and analyze and evaluate the effectiveness of the investigation into corruption in the field of procurement of government goods and services in the jurisdiction of the Poso Police and 2) To find out and analyze and evaluate the factors that influence the implementation of the investigation of corruption in the procurement of government goods and services in the jurisdiction of the Poso Police. This study uses a juridical-empirical type of research because the emphasis is on examining the effectiveness of investigations into criminal acts of corruption in the procurement of government goods and services in the jurisdiction of the Poso Police. So, the data needed in this study are primary and secondary. The data collection technique is by conducting interviews to obtain valid data. The results of the study show that: 1) The effectiveness of the Investigation of Corruption Crimes in the Procurement of Government Goods and Services in the jurisdiction of the Poso Police is less effective because of several obstacles such as limited investigator resources, limited laws, limited facilities and infrastructure, and limited information from the community; and 2) Factors influencing corruption law enforcement by investigators from the Poso Police Tipikor Unit in handling corruption cases, namely human resource factors and legal structures, internal and external constraints, while internal constraints are quantity, quality and facilities and infrastructure factors, while external constraints namely Intervention Factors (political) and public support or public trust is still lacking.

Juridical Analysis of the Practice of Tender Conspiracy for Periodic Maintenance of the Bateballa-Jatia Cs Road in the Work Unit of the Public Works and Spatial Planning Office of Bantaeng Regency APBD 2017 Fiscal Year

Various anti-competitive actions continue to occur in the procurement of government goods and services financed by the APBN and APBD. The intended anti-competitive practice is generally in the form of collusion in bidding for government procurement of goods and services. One of the cases of collusion is the KPPU decision No. 16/KPPU –I/2018 concerning violations of Article 22 of Law no. 5 of 1999 in the procedure for auctioning periodic maintenance work for the Batebella-Jatia CS road. The purpose of this research is to find out and analyze: (1) the occurrence of bid rigging in the procurement of goods and services; and (2) Application of the Tender Conspiracy Law against KPPU's Decision No. 16/KPPU-I/2018 concerning Tender for Periodic Maintenance Work for CS Batebella-Jatia Road. This research is a descriptive normative legal research using primary, secondary and tertiary legal sources. Data collection techniques using literature or documentation. Qualitative descriptive analysis was used in data analysis

EAST JAVA ONLINE SHOPPING AT THE REGIONAL SECRETARIAT OF EAST JAVA PROVINCE

Government procurement of goods and services plays an important role in implementation of national development for improving public services and economic development. To achieve that, requires the implementation of E-Government, one of E-Government implementation in procurement of goods and services is JATIM BEJO. The aim of this research is to determine the success implementation of Jawa Timur Belanja Online (JATIM BEJO) in Biro Pengadaan Barang/Jasa Sekretariat Daerah Provinsi Jawa Timur. This study uses a qualitative research method with a descriptive approach. Data collection techniques through interviews, observations, and documentation. The theory used in this research is based on the study and research of the Harvard JFK School of Government concering success factors of E-Government implementation, which consist of support, capacity, and value. The results of the study indicate that the implementation of JATIM BEJO for online procurement of goods and services under 50 million is considered successful because fullfil three success factors that is support, capacity, and value.

Implementasi Peraturan Presiden Republik Indonesia Nomor 16 Tahun 2018 Tentang Pengadaan Barang Dan Jasa Pemerintah Pada Unit Pelaksana Teknis Jalan Dan Jembatan Kotanopan Dinas Bina Marga Dan Bina Konstruksi Provinsi Sumatera Utara

This study aims to find out and analyze the implementation and constraints in the Presidential Regulation of the Republic of Indonesia No. 16 of 2018 concerning Procurement of Government Goods and Services to the Kotanopan Road and Bridge Technical Implementation Unit of the Highways and Construction Services of North Sumatra Province. This research uses a descriptive method with a qualitative approach which is presented descriptively with a public administration juridical approach. The results showed that the Kotanopan Road and Bridge Technical Implementation Unit of the Highways and Construction Services of North Sumatra Province had not fully implemented the Procurement of Goods and Services (PBJ) according to Presidential Decree No. 16 of 2018. The obstacles faced are: there are individuals who seek personal gain from the implementation of road and bridge projects, the government's budget provision is often late, causing project implementation to falter, it is often difficult to identify the most urgent road and bridge needs due to weak information systems, as well as the lack of cooperation from external partner companies that try to cover up weaknesses in the results of project work at the time of handover.

Pengaruh Penerapan E-Procurement dan Kompetensi Pegawai Terhadap Pencegahan Kecurangan Pengadaan Barang dan Jasa

Abstract: Procurement of government goods and services in the traditional way is known to have many loopholes for unscrupulous persons to commit fraud. To overcome this, the government innovates the e-procurement system. The E-procurement system cannot stand alone in preventing fraud, there must be other components such as human beings who have competence in conducting procurement. Although innovations have been made, fraud in goods and services is still common in the government, especially in South Tangerang City. This quantitative research using multiple linear regression was conducted to determine how much influence e-procurement and human resource competence have on the prevention of fraud in government goods and services in South Tangerang City. The results of this study indicate that the application of e-procurement and employee competence has a positive effect partially, and simultaneously has an effect on preventing fraud in goods and services.

Analisis Strategi Fasilitasi Alat Peraga Kampanye di Masa Pandemi Covid-19 Pada Pemilihan Kepala Daerah

The purpose of this research is to find out and analyze the dynamics of the implementation of the Facilitation of Campaign Props (APK), the inhibiting factors and the implementation of facilitation in the Covid-19 Pandemic Period in the Election of Regents and their representatives in the Regency. Sergai Year 2020. Based on the description of the problem, the researcher chose to use a qualitative approach that is exploratory and inductive, the postpositivism paradigm with descriptive research type because it clarifies or explores phenomena or facts of social phenomena. The results showed that the implementation of APK facilitation in the 2020 Sergai Regent and Deputy Elections went in an orderly and peaceful manner despite the delay in submitting the APK to the Trendy Faithful Paslon. This is due to the dynamics and the nomination dispute where the KPU cannot print the APK if the Paslon has not been determined. The inhibiting factors in APK facilitation are (a) the lack of response from the Paslon in submitting the APK design and materials on time (b) the auction process (if any) and human resources who lack control over the procurement of government goods and services (c) corruption in the 2020 election grant budget corruption. Regency. Sergai has executed a good strategy in APK facilitation.

Investor Legitimate Expectation and Indirect Expropriation in Domestic Regulation Concerning the Application of Domestic Raw Application

Law No 11/2020 concerning Job Creation (Omnibus Law’) mandates the use of domestic raw materials for all industries in Indonesia. Following the passage of the Omnibus Law, Indonesia issued Government Regulation No 28/2021 concerning Industrial Management and Presidential Regulation No 12/2021 concerning the amendment of Presidential Regulation No 16/2018 concerning Government Procurement of Goods and Services. Both regulations oblige all industries in Indonesia to use domestic raw materials pursuant to the Omnibus Law. In investment law, this kind of policy could lead to indirect expropriation because when an investor makes an investment in a host country, the raw material and machines for production might come from their home state or other states. Furthermore, a public-private partnership contract with investors funding infrastructure projects for at least 50 years using materials agreed upon in advance will lead to indirect expropriation. The method used in this research was legal research theory with statute and conceptual approaches. From this research, the policy of the Indonesian government can be described as indirect expropriation because the regulation is effective and enforced.

Prevention of Corruption in the Procurement Process of Government Goods and Services in The Digital Era

The purpose of this research is to undertake a legal analysis of the anti-corruption procurement process for government goods and services through the use of good governance. The research approach employed in this study is a normative juridical one, which involves studying legislative rules and examining corrupt activities that occur in the sphere of procurement of goods and services. The sources of law in this study are material law sources and traditional legal sources. Based on the analysis of legal authorities, it can be concluded that the criminal act of corruption in the procurement of government goods and services has violated the regulations in Article 2 paragraph (1) of Law No. 31 of 1999 and Law No. 20 of 2001 on Corruption. The implementation of good governance in preventing corruption in the procurement of goods and services is seen from two aspects, namely internal and external aspects. Internal elements include improving the quality of internal resources in government organizations and increasing accountability and transparency. In contrast, external elements increase community participation, legitimacy, and anti-corruption socialization through various media.

Relevansi Teori Oplossing dalam Penanganan Sengketa Terkait Keputusan Pengadaan Barang dan Jasa Pemerintah

The Indonesian State Administrative Court has applied the oplossing theory, where claims related to disputes over the procurement of government goods or services are considered to be merged in the civil realm so that they are assumed to be not authorized to handle the dispute. This research is normative juridical research by comparing the practice of handling cases of government procurement of goods and services in the Indonesian State Administrative Court, the Constitutional Court, and the French Administrative Court. Research shows that there are inconsistencies in the Indonesian state administrative court regarding the interpretation of the oplossing theory after the enactment of Law Number 30 of 2014 concerning Government Administration, while in France, the plaintiff can file a lawsuit in the form of annulment of administrative decisions related to the procurement of government goods and services or a compensation claim. The implication of eliminating the oplossing theory is that a third party can file a claim for compensation against a dispute over the procurement of government goods and services in the state administrative court in accordance with the Constitutional Court Decision Number 22/PUU-XVI/2018 regarding the grace period for filing a lawsuit by a third party.

THE RELEVANCES OF JUSTICE VALUE TO LEGAL PROTECTION FOR GOODS AND SERVICE PROVIDERS IN CORRUPTION CASES

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.

PERTIMBANGAN HAKIM TERHADAP KETERANGAN AHLI PADA TINDAK PIDANA KORUPSI PENGADAAN BARANG/JASA PEMERINTAH (Analisis Putusan Nomor : 2421k/Pid.Sus/2016 Dan Putusan Nomor : 32/Pid.Sus-Tpk/2016/Pn.Pdg)

The judge's consideration of the expert's statement from the LKPP RI on corruption in the Government Procurement of Goods/Services was used as the basis for making a decision in the form of punishment, which in Decision Number: 2421 K/PID.SUS/2016/PN/PDG the defendant as the Budget User has committed mistakes in classifying procurement packages that should be done separately but combined, determine the winner of the tender before the tender process is carried out. In the Decision Number: 32/Pid.Sus-TPK/2016/PN.Pdg in the opinion of the Expert it is a violation when the work is not completed, then the implementation guarantee cannot be realized/disbursed in accordance with what is stipulated in Article 3 Paragraph (1) letter f and Paragraph (2) letters b, e, f, g and h of Perka LKPP Number 7 of 2011 concerning Technical Guidelines for Black List Operations. This LKPP Expert's consideration is used as the basis by the Judge in his decision. The application of the punishment in Decision Number: 2421K/PID.SUS/2016 is to declare the defendant guilty for fulfilling the elements of Article 3 of the Corruption Crime Act. Sentenced to a sentence of 2 years 6 months in prison, and a fine of Rp. 50,000,000. The Decision Number: 32/Pid.Sus-TPK/2016/PN.Pdg states that the defendant is proven guilty of abusing his authority on the joint procurement of government goods and services as regulated in Article 3 of the Anti-Corruption Law and is sentenced to imprisonment for 1 (one) year. ) years and a fine of Rp. 50,000,000.00 (fifty million rupiahs) provided that if the fine is not paid, it will be replaced with imprisonment for 1 (one) month. This penalty is lighter than the decision in Decision Number: 2421K/PID.SUS/2016 due to the consideration of the defendant's ignorance of several provisions for the procurement of government goods and services.

HOW TO MINIMIZE RISK: THE IMPLEMENTATION OF PUBLIC SECTOR SERVICES ELECTRONIC PROCUREMENT IN INDONESIA

The trend of corruption cases in the types of goods and services procurement cases handled by the Corruption Eradication Commission of the Republic of Indonesia in 2004-2019 shows an increasing number in every year. In certain types of case studies the implementation of e-Procurement with e-Cataloq is proven to play a role in reducing the risk of corrupt practices in public organizations. The objectives of this research are to build an e-Procurement implementation model in Indonesia especially on electronic identity card procurement, identify external factors that encourage individuals to commit fraudulent behavior and the approval of procurement process of government goods and services. We operate a qualitative method with a case study on the implementation of e-Procurement of electronic identity cards. The results of the study explained that the implementation model of the procurement of goods and services using the e-Purchasing method through the e-Catalog mechanism is the best e-Procurement implementation model in the procurement of government goods and services specifically for the case of procurement of electronic identity cards.

Классификация цифровых технологий в сфере госзакупок и готовность организаций к их применению

The digitalization of public procurement is a popular topic of discussion in both the scientific and business world. Currently, government procurement of goods and services in Russia does not use the full potential of digital technologies and is at the stage of electronization and automation. Technologies such as big data analytics, the Internet of Things, cloud computing, and additive manufacturing are not yet widely used. This article examines this problem from two sides. First, the existing and promising digital technologies of public procurement are studied, their classification is given by complexity, level of application and functions. The directions for the development of digital technologies are discussed using examples in Russian and foreign practice. Secondly, attention is also paid to the problem of organizations' readiness for digital transformation in technological and organizational aspects, taking into account the influence of environmental factors.

ANALISIS MEKANISME PERHITUNGAN DAN PELAPORAN PAJAK PENGHASILAN PASAL 25 PADA CV ANGGREK JINGGA PEKALONGAN

<em>The purpose of this study was to determine the mechanism for calculating and reporting income tax article 25 at CV Anggrek Jingga. CV Anggrek Jingga is a company engaged in the printing sector specializing in the procurement of government goods and services that was established in 2019 and has not calculated and reported income tax article 25 to the Directorate General of Taxes (DGT). The research method used is a qualitative method and data collection techniques by interviewing the owner of CV Anggrek Jingga and documentation in the form of an income statement for 2020. The calculation mechanism by analyzing the income statement, calculating income tax articles 21, 22, and 23 to then the result as a deduction from the results of taxable income. The results of this study indicate that CV Anggrek Jingga has not calculated and reported income tax article 25 which the calculation is carried out during the 2020 tax year by subtracting income tax credits such as income tax articles 21, 22, and 23. Reporting on CV Anggrek Jingga This is done through the online e-filling application system to the Directorate General of Taxes (DGT).</em>

JURIDICIAL REVIEW OF GOVERNMENT PROCUREMENT OF GOODS AND SERVICES BASED ON PRESIDENTIAL REGULATION 12 2021 IN CONJUNCTION OF PRESIDENTIAL REGULATION 16 2018


 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.
 
 
 

Relevance of Justice Value to Legal Protection for Goods and Service Providers in Corruption Criminal Cases

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.

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

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.