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Jurnal English
Jurnal English
PRAMUDYA RAMADHANTI
pramudyaramadhanti@yahoo.com
Magister Kenotariatan
Fakultas Hukum Universitas Airlangga
ABSTRACT
Many deviations that occur in the Government's procurement of goods / services often
occur due to the actions of procurement officers and other relevant officers who abuse the
authority possessed by these officers. These deviations cause losses to state finances, this
is because remembering that the source of government procurement of goods and services
comes from state finances listed in the APBN / APBD, so that this meets the elements
goods and services is fully delegated to Commitment Making Officials or PPK, this is
/ Services.
This raises a sense of injustice, given that based on Presidential Regulation Number
the process of procurement of goods / services is not only the PPK involved, but there are
other parties who take part in procurement. goods and services that are related to each
other, including Budget Users and Budget User Proxies. Where PA has the duty and
authority to implement the Procurement General Plan while KPA has the authority in
There are several examples of decisions related to criminal acts of corruption in the
of crimes, as follows:
1. First, Decision No. 457 K / Pid.Sus / 2012, Defendant on behalf of Ir. Edy
Karyoso, MM as PPK for the procurement of road improvement work for the
Dr. H. Abdus Salam, Dz, MM. as PPK for the procurement of communication
S.T., M.T. as PPK to procure the normalization work of the Gawe River
of Agus Kuncoro, S.Sos. as PPK for the East Java Regional Office of DJBC
Some examples above indicate that almost all cases of corruption in Government
guilt and its correlation with intent is based on the knowledge and willtheory. Supposedly,
law enforcement officers go deeper about the level of guilties perpetrators, whether the
awareness). Where in the Government Procurement not only the Commitment Officials
procurement contract.
3. Research Methods
Based on the object of research which is a positive law, the method that will be
used is normative juridical, namely reviewing the legal rules governing the legal
ranging from collecting legal materials to analyzing legal materials is carried out by
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that in this study not only intended to describe the symptoms or legal phenomena
relating to the application of laws and regulations that contain legal liability in the
the phenomena of these laws and then describe them systematically in accordance
This study uses normative research with a statutory approach (case approach),
order to be more focused and in-depth, the scope of this research is limited to the
government goods / services. This is based on a fact that has occurred in the legal
authorized by the PA / KPA to decide and / which conduct action in the expenditure of
state budget / regional budget.The problems that occur in the Government Procurement
process, frequently exist due to the actions of procurement officials and other relevant
officials who abuse the authority owned by him/her. Such deviations cause losses to the
state's finances, this is because given that the source of Government Procurement is
derived from the state finances contained in the APBN / APBD, so this fulfills the
The Procurement of Goods / Services by the Government has a long history since
Services Procurement. There are several important things that are regulated in the
partly or wholly charged to the APBN / APBD, procurement of goods / services which
are partly or wholly financed from foreign loans / grants (PHLN) and procurement of
goods / services for investment in the BI, BHMN, BUMN, BUMD, whose financing is
partly or wholly charged to the APBN / APBD. Unlike the legal instruments thereafter,
this Presidential Decree does not explicitly regulate the existence of KDP in a
Procurement process. However, the authority and function have been accommodated by
the head of the office / work unit as stipulated in Article 1 point 4 of this Presidential
Decree. Despite having a different nomenclature for people who are directly
responsible, the function of the head of the office / work unit is similar to that of PPK,
namely the departmental / agency structural officer responsible for the procurement of
Presidential Regulation No. 16 of 2018 issued on March 22, 2018 regulates many
Presidential Decree number 80 of 2003 which according to the author contains several
things including the existence of legal subjects in the process of procurement of goods /
services themselves. In this Perpres there are several subjects including PPK,
Institutions), LKPP, PA, KPA, and so on. In addition, this Perpres has also experienced
several changes which means continuous improvement is being made to realize the
parties who play a role both directly and indirectly involved, including PA / KPA, PPK,
Procurement Officials and Work Receiving Officers. One party that holds a
authorized by PA / KPA to make decisions and / or take actions that can result in state /
regional budget expenditures. Juridically, the PPK has several main tasks and
d. set HPS;
submission;
n. keep and maintain the integrity of all documents for carrying out activities;
In addition to carrying out the tasks referred to above, PPK carries out the
parties within the stipulated budget limits. PPK in carrying out its duties can be
includes activities:
a. set HPS;
adjustment.
PPK is prohibited from entering into an agreement or signing a contract with the
Provider, in the event that the budget is not yet available or there is not enough
available budget that can result in exceeding the available budgetary budget for
activities funded by the APBN / APBD. In the event that there is a difference between
the field conditions at the time of implementation and the drawings and / or technical
specifications / KAK specified in the Contract document, the CO with the Provider may
Changes to contracts that result in the addition of the contract value are carried
out provided that the final contract value does not exceed 10% (ten percent) of the price
stated in the initial contract. Whereas, if the Provider fails to complete the work until
the period of execution of the Contract ends, but the PPK assesses that the Provider is
able to complete the work, PPK provides the opportunity for the Provider to complete
the work. Providing an opportunity to the Provider to complete the work contained in
the contract addendum which regulates the time of completion of the work, the
imposition of penalties for late penalties to the Provider and the extension of the
Budget Year. After the work is completed 100% (one hundred percent) in accordance
with the provisions contained in the Contract, the Provider submits a request in writing
to PPK to hand over the goods / services. PPK checks the goods / services delivered.
PPK and the Provider sign the Minutes of Handover. PPK submits goods / services to
PA / KPA, then PA / KPA requests PjPHP / PPHP to carry out administrative checks
on goods / services to be handed over and stated in the Minutes. The involvement of
KDP in procurement before the auction is drafted a contract. Whereas after the
determination of the Provider is to sign the contract and the management of the
contract, after the contract is complete, the payment of the contract and delivery as the
Government agency. However, PPK is the person chosen by his superior who in this
Government Procurement of Goods / Services. The sound of this provision is, "PPK is
So the existence of PPK is to carry out the procurement of goods / services only, not
intended to carry out activities other than this and usually if all matters concerning the
are no violations or deviations from applicable law. The person who can be appointed
consideration, but it must be the person who is in accordance with the task at hand.
Therefore, someone who can be appointed as a PPK must have his own criteria. So that
there are minimum requirements so that one can carry out several functions as we year
involve state money. For this reason, KDP positions and positions cannot be forced
The role of KDP after the contract is signed with the provider is to manage the
contract so that the contract can achieve its objectives. Often we ignore the contract,
because later there will be a solution if the work until the time period of the contract
has not reached the target, there can still be consideration for the extension of work
completion time. We should think as if there is no time for an extension of time. KDP,
which is an important organ in the Procurement process, does not only work hard
during the pre-contract period, because it is also required to maintain the stability of
the procurement process. This is intended because a government project is for the
benefit of the people whose benefits will be enjoyed by the people in addition to the
source of funding coming from State money. In maintaining the stability of work during
Procurement, PPK can do several jobs after the contract is signed, which includes:
1) Identify the objectives of the contract that can be seen in the contract or
planner or experts.
of contracts.
3) Create a job control tool, often called the S curve (regarding the S curve,
please study or disearch from the internet) or make controls for example in a
simple form.
PPK which has a very complex task is actually government officials in general
who also have a constant role in a particular agency. This means that the Procurement
process is not the only job that PPK handles so it requires a supported team that can
directors. The field director is a support team formed / determined by the PPK,
consisting of 1 (one) person or more, which is determined in the specific terms of the
contract to control the execution of the work. While the technical director is a support
team appointed / determined by the PPK to oversee the implementation of the work. In
KDP does not have competence in technical aspects, for example in construction work
it can form a technical team. The technical team for construction works can come from
the Public Works / Ministry of Public Works Department or experts from the College of
because PPK is an organ that is formed for the interests of a particular Government
Activity is not clearly stipulated in the Perpres regarding what media is used by PA /
KPA. However, basically Determination is often done by issuing a letter containing the
name of the PPK along with the signature of the issuing party, namely PA / KPA.
is the party directly involved in signing the contract. The legal consequences for the
parties involved in the contract as stipulated in Article 1338 of the Civil Code and also
the Principle of Pacta Sunt Servanda, namely the implementation of the agreement are
the same as the law for his party. Therefore, it is important to understand the types and
forms of contracts that will be made by the parties. In preparing the draft Procurement
further stated that if an official in carrying out his duties and authority is in accordance
with the applicable legal norms or regulations, then his actions are accounted for as a
position or institutional responsibility, but otherwise if an official carries out his duties
and authority violates the applicable legal norms or rules then the implementation of
responsibility. Responsibility for the position with regard to the legality (validity) of
government actions. In administrative law, the issue of the legality of the act of
service. The distinction between office responsibility and personal responsibility for
liability and state administrative accountability (TUN). The reason for TUN
3Jimly Asshiddiqie, Islam dan Tradisi Negara Konstitusi, Seminar Indonesia-Malaysia, (UIN/IAIN 2010). [12-13].
(ambty)", so without any position there will be no authority. In relation to the sanctions
can be the responsibility of the office relating to illegal acts by the authorities. Civil
often occur due to the actions of procurement officials and other relevant officials
who abuse the authority possessed by these officials. These deviations cause losses to
procurement of goods and services comes from state finances listed in the APBN /
APBD, so that this meets the elements contained in the corruption offense. When
4Philipus M Hadjon dkk, Hukum Administrasi dan Tindak Pidana Korupsi, (Gadjah Mada University Press 2011).
[16], baca juga Philipus M. Hadjon, RUU Administrasi Pemerintah Sebagai Kodifikasi (sebagian) Hukum Administrasi
Umum (legal rules of Administrative law) dan Peradilan Tata Usaha Negara, Gema Peratun Tahun XVI No. (2009) [9].
that in the process of procurement of goods / services not only the PPK is involved,
but there are other parties who take part in procurement of goods and services that
are related to each other, including Budget Users and Budget User Proxies. Where
PA has the duty and authority to implement the Procurement General Plan while KPA
has the authority in accordance with what is delegated by the PA regarding the
The findings offered to become ius constituendum (the aspired law) in this study
are the legal position of the Commitment Making Officer (PPK) in the Procurement of
the Budget User (PA) / Budget User Proxy (KPA ) as the boss to take decisions and /
or take actions that can result in expenditure of the state / regional budget. This is
called novelty, which will later become the legal basis of law enforcement officials to
determine the extent to which the legal responsibility of the Commitment Makers
services.
reference for legal accountability in determining how many PPK can be requested is
process of procurement of goods / services not only the PPK is involved, but there are
other parties who take part in procurement of goods and services that are interrelated
1. Conclusion
procurement of goods / services of the government begins from setting the draft
contract, controlling the Contract and settlement of the Contract. So the Commitment
procurement contracts, where the procurement of goods and services at one agency
implementation demands a skill and the accuracy and responsibilities that differ from
the other principal duties of the other procurement officials and in the event of an
error in the execution which would cause a state loss which would result in claims of
the KDP maladministration action in the exercise of authority as an executor and the
the CO that relies on authority, procedures and substance. The responsibilities of the
2. Suggestions
clearly and explicitly into the revision of Presidential Regulation Number 16 of 2018
(KPA).
government goods / services, which is not only regulated in the form of Presidential
procurement of government goods / services, therefore there should be drafted the bill
on the procurement.
REFERENCES
Books :
Peter Mahmud Marzuki, Penelitian Hukum, (Kencana 2005).
Mudjisantoso, Memahami Kontrak Pengadaan Pemerintah Indonesia, (Primaprint 2014).
Soerjono Soekanto dan Purnadi Purbacaraka, Aneka Cara Pembedaan Hukum, (Citra Aditya
Bhakti 1994).
Paper :
Philipus M. Hadjon, dkk, Hukum Administrasi dan Tindak Pidana Korupsi (Gadjah Mada
University Press 2011)