1Yanuarius Pegau,2Maria Mayu Risamaya Intan
1,2Magister Ilmu Hukum, Fakultas Hukum Universitas Atma Jaya Yogyakarta
DOI : https://doi.org/10.47191/ijmra/v6-i7-21Google Scholar Download Pdf
ABSTRACT:
Procurement of Goods / Services carried out by the Ministry / Institution / Regional Apparatus as needed in order to support their duties and functions. The goods/services procurement process includes two components, namely the user of goods/services (Ministry/Institution/Regional Apparatus) and the Goods/Services Provider. Goods/services users and goods/services providers are bound in a Goods/Services Procurement Contract. The Goods/Services Procurement Contract is usually standardized, where the Procurement Contract is made by one party, namely the Commitment Making Officer (PPK) and the service provider is only a signing party. The different position between the goods/services user and the goods/services provider in the standard goods/services procurement contract causes the distribution of rights and obligations between the parties to be unbalanced or does not reflect the principle of proportionality.
KEYWORDS:Goods/Services Provider, Goods/Services User, Public Procurement Contract, Principle of Proportionality
REFERENCES
1) Ujan, Andre Ata. 1999 Justice and Democracy (An Analysis of John Rawls' Political Philosophy). Kanisius. Yogyakarta.
2) Hernoko, Agus Yudha. 2010 The Law of Treaties: The Principle of Proportionality in Commercial Contracts. Prendamedia
Group. Jakarta.
3) Budiono, Herlien. 2015 The Principle of Balance for Indonesian Treaty Law Treaty Law Based on Indonesian Principles of
Obligations. PT Citra Aditya Bakti. Jakarta.
4) Budiono, Herlien. 2014 General Principles of Covenant Law and Its Application in the Field of Kenotariatan. Publisher of PT
Citra Aditya Bakti. Bandung.
5) Syaifuddin, Muhammad. 2012 Contract Law: Understanding Contracts in the Perspectives of Philosophy, Theory,
Dogmatics and Legal Practice. CV. Mandar Maju. Bandung.
6) Fuandy, Munir. 2003 Contract Law from the Perspective of Business Law. Citra Aditya Bakti. Bandung.
7) Mertokusumo, Sudikno. 2010 Getting to Know the Law. Cahaya Atma Pustaka. Yogyakarta.
8) Notohamidjojo, O. 1997 The Problem of Justice: Its Nature and Application in the Fields of Society, Culture, State and Inter-
State. Tirta Amerta. Semarang.
9) Tjandra, Riawan2003 Contract Law from the Perspective of Business Law. Citra Aditya Bakti. Bandung.
10) Sjahdeni, Sutan Remi. 2009 Freedom of Contract and Balanced Protection for Parties in Bank Indonesia Credit Agreement.
PT. Pustaka Utama Grafiti. East Jakarta.
11) Sutedi, Adrian. 2012 Legal Aspects of Procurement of Goods & Services and Various Problems. Sinar Grafika. Jakarta.
12) Agung Suprianto, et al, "The Effectiveness of the E-Procurement System in Government Goods/Services Procurement
(Study at the Faculty of Administrative Sciences, Universitas Brawijaya)", Scientific Journal of Public Administration (JIAP),
2019, Vol.5 No. 2, accessed from https://jiap.ub.ac.id/index.php/jiap/article/view/915/1230
13) Dedi Harianto, "The Principle of Freedom of Contract: Problems of Its Application in Standard Contracts Between Business
Actors and Consumers." Samudra Keadilan Law Journal, 2016, Volume 11 Number 2.
14) Agus Y. Hernoko, "THE PRINCIPLE OF PROPORTIONALITY AS THE BASIS FOR THE EXCHANGE OF RIGHTS AND OBLIGATIONS
OF THE PARTIES IN COMMERCIAL CONTRACTS", Journal of Law and Justice, 2016, Vo. 5 No 3.
15) Mohammad Iqbal Rahmawan, et al, "APPLICATION OF THE PROPORTIONALITY BASIS IN A FRANCHISE AGREEMENT",
NOTARIUS Journal, 2019, Volume 12 Number 2.
16) Muskibah, Lili N Hidayah, "Application of the Freedom of Contract Principle in Standard Contracts for Government
Procurement of Goods/Services in Indonesia", Journal of Legal Sciences Legal Reflection, 2020, Volume 4 Number 2.
17) Badzlina Daroyani Novitaningrum, "Accountability and Transparency of Government Procurement of Goods and Services
through Electronic Procurement (Best Practices in Surabaya City Government)", Journal of Public Policy and Management,
2019, Volume 2 Number 1.
18) Rayno Dwi Adityo, "The Effectiveness of Standard Contracts in Business Mobility", Journal Court, 2016, Volume 1 Number
2.
19) Government Procurement Policy Agency, "Overview of Public Procurement", 2020, Accessed from
https://virtuallibrary.lkpp.go.id/id/eprint/33/1/02.%20Buku%20Informasi%20A.
%20Gambaran%20Umum%20PBJP.pdf
20) Law Number 2 of 2017 concerning Construction Services. State Secretariat of the Republic of Indonesia Year 2017 Number
11. Jakarta.
21) Government Regulation of the Republic of Indonesia Number 29 of 2000 concerning the Implementation of Construction
Services. State Gazette of 2000 Number 64 and Supplement to State Gazette of 2000 Number 3956. State Secretariat.
Jakarta.
22) Presidential Regulation Number 16 of 2018 concerning Government Procurement of Goods/Services. State Gazette of the
Republic of Indonesia Year 2018 Number 33. Cabinet Secretariat of the Republic of Indonesia Deputy for Economic Affairs.
Jakarta.
23) Presidential Regulation Number 12 of 2021 on the Amendment to Presidential Regulation Number 16 of 2018 on
Government Procurement of Goods/Services.
VOLUME 06 ISSUE 07 JULY 2023
There is an Open Access article, distributed under the term of the Creative Commons Attribution – Non Commercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting and building upon the work for non-commercial use, provided the original work is properly cited.
Our Services and Policies
Authors should prepare their manuscripts according to the instructions given in the authors' guidelines. Manuscripts which do not conform to the format and style of the Journal may be returned to the authors for revision or rejected.
The Journal reserves the right to make any further formal changes and language corrections necessary in a manuscript accepted for publication so that it conforms to the formatting requirements of the Journal.
International Journal of Multidisciplinary Research and Analysis will publish 12 monthly online issues per year,IJMRA publishes articles as soon as the final copy-edited version is approved. IJMRA publishes articles and review papers of all subjects area.
Open access is a mechanism by which research outputs are distributed online, Hybrid open access journals, contain a mixture of open access articles and closed access articles.
International Journal of Multidisciplinary Research and Analysis initiate a call for research paper for Volume 07 Issue 05 (May 2024).
PUBLICATION DATES:
1) Last Date of Submission : 26 May 2024 .
2) Article published within a week.
3) Submit Article : editor@ijmra.in or Online
Why with us
1 : IJMRA only accepts original and high quality research and technical papers.
2 : Paper will publish immediately in current issue after registration.
3 : Authors can download their full papers at any time with digital certificate.
The Editors reserve the right to reject papers without sending them out for review.
Authors should prepare their manuscripts according to the instructions given in the authors' guidelines. Manuscripts which do not conform to the format and style of the Journal may be returned to the authors for revision or rejected. The Journal reserves the right to make any further formal changes and language corrections necessary in a manuscript accepted for publication so that it conforms to the formatting requirements of the Journal.