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JURNAL

TATA KELOLA DAN AKUNTABILITAS


KEUANGAN NEGARA
e-ISSN 2549-452X | p-ISSN 2460-3937
Jurnal Tata Kelola dan Akuntabilitas Keuangan Negara, Volume 9, Number 1, 2023: 103-121

The Lack of a Strong and Accountable


Public Procurement Ecosystem in West Papua
to Prevent Corruption
Sopian*, Bagas Johantri, Rachma Aprilia
Accounting Study Program, Polytechnic of State Finance STAN, Banten, Indonesia

ABSTRACT
West Papua has a relatively high risk of corruption during the implementation of its public procure-
ment. It is critical to recognize that public procurement business processes are analyzed as an eco-
system with interactions between actors. This research aims to determine the need for a conducive
ecosystem for public procurement (PBJP) in the West Papua province and propose recommenda-
tions for improving or increasing the credibility of public procurement. This research is qualitative
because primary data are obtained through interviews and forum group discussions with selected
participants. The results of the study show that the public procurement ecosystem consists of Budg-
et User Authorities (KPA) or Contract Officers (PPK), Working Units for Public Procurement
(UKPBJ), Vendors, Internal Control, and Regulators who are credible procurement actors as focal
offers. Examining each actor's issues has led to the conclusion that to boost the credibility of public
procurement goals. It is necessary to strengthen leadership commitment, improve the quality of
human resources, and simplify laws. The research findings are expected to assist practitioners and
policymakers in understanding why there is a lack of public procurement ecosystem in West Papua
and propose the necessary corrective policies.

KEYWORDS:
Ecosystem; public procurement; tender; West Papua

DOI: 10.28986/jtaken.v9i1.1024
*Corresponding author
Email: Sopian@pknstan.ac.id

ARTICLE HISTORY:
Received : 13 February 2023 Accepted : 24 May 2023
Revised : 17 May 2023 Published : 28 June 2023
Copyright © Jurnal Tata Kelola dan Akuntabilitas Keuangan Negara. This is an open access article under CC BY-NC-SA license

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Jurnal Tata Kelola dan Akuntabilitas Keuangan Negara, Vol. 9, No. 1, 2023: 103-121

INTRODUCTION Lloyd and McCue (2004) argue that public


procurement is all stages of acquiring prop-
Public procurement (Pengadaan Barang Jasa erty or services, beginning with determining
Pemerintah or PBJP) is closely related to ab- a need for property or services and ending
sorbing and realizing the state budget with contract completion and closeout.
(Anggaran Penerimaan dan Belanja Negara, Vaidya and Campbell (2016) specifiy public
APBN). Data obtained from the National electronic procurement as the use of infor-
Public Procurement Agency (Lembaga Ke- mation and communication technology
bijakan Pengadaan Barang/Jasa Pemerintah, (especially the Internet) by governments in
LKPP) shows that in 2022 at least Rp1,514 conducting their procurement relationships
trillion or 52% of the APBN/APBD will be with suppliers to acquire goods, works, and
absorbed through public procurement consultancy services required by the public
(LKPP, 2022). Furthermore, the government sector. According to Presidential Regulation
plays a critical role in contributing to the eq- Number 16 of 2018, public procurement is
uitable distribution of development and goods or services procurement activities car-
economy throughout Indonesia (Azwar, ried out by government agencies financed by
2016). To achieve this, the government and the national or state budget, by which the
LKPP have provided various facilities for process starts from identifying needs and
small business actors in rural areas to partic- ends with the hand-over of goods and ser-
ipate in the public procurement market, in- vices. PBJP supports local government agen-
cluding the Papuan business actors. cies in achieving their vision, mission, and
objectives (Thai, 2009). The government has
West Papua is one of the provinces in Indo- enacted Presidential Regulation Number 17
nesia that originated as a result of the prolif- of 2019 to accelerate economic development
eration of Papua Province. The proliferation in Papua and West Papua, explicitly regulat-
of this province was eventuated by Law ing the procurement of goods and services in
Number 45 of 1999 with the name West Irian Papua and West Papua. One of the provi-
Jaya Province. Subsequently, West Irian sions in the regulation is the convenience for
Jaya's name was changed to West Papua by Papuan business actors to participate in
Government Regulation Number 24 of 2007. PBJP without reducing the quality of work
Due to its special autonomy status, the gov- (Mansawan, 2021).
ernment allocated special autonomy funds to
West Papua Province and several other prov- Tenders or selections would allow price com-
inces. Papua and West Papua were granted petition between providers, reflected in the
Special Autonomy by Law Number 21 of lowest price bids submitted by bidders
2001, later amended by Law Number 35 of (Bergman & Lundberg, 2013). Competitive
2008. The government allocated a special or lowest price setting enables the govern-
autonomy fund (Otonomi Khusus, Otsus) in ment to make savings considering that it is
2022 for Papua and West Papua Provinces, enough to pay the tender winner who offers a
amounting to Rp12.8 trillion (DJPK, 2022). value lower than the Owner Estimate (Harga
These funds can be utilized for various needs Perkiraan Sendiri, HPS). The comparison of
of the particular autonomous regional gov- the Owner Estimate and the value of the ten-
ernment, such as accelerating the effort of der contract at the Electronic Procurement
improving the welfare of the Papuan people Agency (Lembaga Pengadaan Barang/Jasa
and economic development, one of which is Secara Elektronik, LPSE) in West Papua can
realized through public procurement. be depicted in Table 1.

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THE LACK OF A STRONG AND ACCOUNTABLE PUBLIC PROCUREMENT ...
Sopian, Bagas Johantri, Rachma Aprilia
Table 1. Government Goods and Services Budget levels of accountability to the public, and low
and Realization
In Billions Rupiah
participation of the public in reporting fraud
during the process of procuring government
Year Budget Plafond Tender
goods and services to internal control or law
Goods Services Capital
enforcement.
2018 1.647 136 1.680 1.527
2019 1.818 129 1.708 1.545 Corruption can occur when decisions are
2020 1.622 85 2.184 1.568 dominated by discretion and monopoly but
2021 1.270 65 2.351 1.639 with little accountability (Klitgraad, 1988).
2022 1.392 63 2.092 1.434 Meanwhile, Tuanakotta (2017) defines cor-
Total 7.750 479 10.016 7.715
ruption as the misuse of public office for per-
sonal gain, which can result in receiving
something in the government procurement
On the other hand, the results of the Integri- process of goods and services. Lehman and
ty Assessment Survey (Survey Penilaian In- Morton (2017) state that corruption is an
tegritas) conducted by the Corruption Eradi- abuse of authority by elected politicians, or
cation Commission (Komisi Pemberantasan public officials appointed to obtain personal
Korupsi, KPK) in 2021 suggest that the risk benefits or gains. Offering gifts and bribes to
of corruption related to the procurement of public officials will cause distortions in in-
goods and services remains in West Papua. vestment or public services to the communi-
The survey results are shown in Figure 1. ty, which can reduce the quality of govern-
ment services or infrastructure because the
Government procurement of goods and ser- available budget is increasingly limited
vices is one of the activity sectors that is very (Murray, 2009).
prone to acts of corruption because the value
of goods and services procurement transac- In supply chain management, public pro-
tions tends to increase every year (Rakhel & curement aims to obtain the right service or
Putera, 2021). Meanwhile, Williams-Elegbe goods in terms of time, quality, and acquisi-
(2018) finds that in developing countries, tion costs; therefore, it does not interfere
corruption in the procurement of govern- with the production process (Mentzer et al.,
ment goods and services transpires due to 2001). The government provides two mecha-
weak regulations and law enforcement, low nisms to obtain goods and services through

Figure 1. Integrity Assessment Survey Index of 2021


Source : (Komisi Pemberantasan Korupsi, 2021)

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providers or self-management. Procurement and availability of the budget ceiling. In the


of goods and services through providers is preparation stage for the selection, the pro-
applied when a government work unit can- curing agent determines the qualifications of
not provide the requested products. Moreo- the providers who are deemed capable of
ver, potential suppliers/vendors are market providing. At this stage, the method of selec-
players. Direct government intervention in tion is also determined. The method of se-
market players can be done by employing lecting providers is influenced by the type of
the goods and services they produce. The procurement and the value of the procure-
purpose of public procurement includes ob- ment. One method to choose providers is by
taining the best of service goods, increasing way of tender/selection. A tender is a way of
the use of domestic products, increasing the selecting providers for procuring goods, con-
role of micro, small businesses, and coopera- struction works, and other services. At the
tives, increasing the role of national business same time, selection is a term used for the
actors, realizing economic equity, and selection of consulting service providers
providing expanded business opportunities, openly.
as well as several other goals (Presidential
Regulation Number 12 of 2021). It also de- The concept of the ecosystem was first intro-
termines the procurement actors involved in duced into social science by the sociologist
each stage of the procurement. In general, Amos Hawley as a condition of reciprocal
the roles of actors and phases of procure- relationships within a population in which
ment can be viewed in Table 2. the entire population operates as a unit to
maintain proper environmental conditions
In general, public procurement can be cate- for the population's survival (Hawley, 1988).
gorized according to implementation phases. In business strategy, the term ecosystem was
In procurement through providers, the phas- coined by (Moore, 1993), which gave rise to
es consist of at least the procurement plan- the idea that companies were not seen as sin-
ning phase, election planning, selection gle individuals but as members of a business
preparation phase, election implementation ecosystem consisting of companies from var-
phase, contract implementation phase, and ious industries and the business ecosystem.
work handover phase (Kurniawan & Puji- Since then, many definitions of the ecosys-
yono, 2018). At the planning stage, the work tem have emphasized different aspects in
unit determines the type of service goods to different disciplines. In simple terms, an eco-
be obtained, the technical specifications of system includes a set of actors that contrib-
the service goods, and the estimated price to ute to the main offering (focal offer) from the
be the value of the work package. The deal is user. Focal offers can be in products or ser-
determined by looking into the specifications vices, implemented with or without a tech-

Table 2. Public Procurement Phases and Actors


Phase / Process Actors
Public procurement planning Budget user and Commitment officer (PA and PPK)
Public procurement preparation Commitment officer

Tender/Selection preparation Commitment officer/procurement working group

Tender execution Commitment officer/procurement working group

Contract execution Commitment officer and vendor

Project handover Budget user, Commitment officer and vendor

Sources: Regulation LKPP Number 12 of 2021

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THE LACK OF A STRONG AND ACCOUNTABLE PUBLIC PROCUREMENT ...
Sopian, Bagas Johantri, Rachma Aprilia
nology-based platform. The key to this defi- ity that many providers cannot participate in
nition is the direct relationship between the tenders. Tenders and selection have now
supply and demand sides of the focal offer been carried out with the help of information
and the different considerations of the vari- technology. Tender schedules and infor-
ous actor that contribute to the value crea- mation have also been made public and an-
tion of the focal offer. nounced on the public website. This effort is
aimed at achieving the objective of procuring
The ecosystem perspective is often juxta- goods and services through tenders. Re-
posed with the value chain. However, the two search conducted by Puspita and Gultom
are very different regarding focus and organ- (2022), Nani and Ali (2020), also Sirait
izational structure. Porter (1985) introduces (2018) conclude that the use of electronic
the value chain concept to analyze the media has a good effect on the procurement
sources of a company's competitive ad- of government goods and services even
vantage. Competitive advantage cannot be though some strengthening is needed. How-
understood by looking at the company as a ever, organizational and environmental diffi-
whole (Kapoor & Lee, 2013). It stems from culties still exist in the application of e-
the many discrete activities a company per- procurement (Mohungoo, Brown, & Kaban-
forms in designing, producing, marketing, da, 2020), internal service quality (Costa,
delivering, and supporting its product. The Arantes, & Tavares, 2013), human resources
value chain perspective focuses on the inter- quality (Nani & Ali, 2020), and regulatory
nal company, seen through concrete activi- (Khairina & Dompak, 2022). The ecosystem
ties (Kapoor, 2018). These activities together concept can portray the role of the actors in-
determine the cost of the company and the volved in public procurement. Based on the
value offered to its customers. An important roles played by these actors, we can identify
theoretical concept in the value chain per- the actors' weaknesses that occur during the
spective is the interdependence among activ- public procurement process. We will analyze
ities that make up the value chain within a the results of identifying the actors' weak-
company and the synergy between different nesses, which can serve as the basis for
activities to achieve a company's competitive providing recommendations for improve-
advantage (Porter & Linde, 1995). Thus, the ment.
ecosystem perspective takes a macro view of
external actors contributing to creating cor- Previous studies have focused on spending
porate value. In contrast, the value chain allocations for the special autonomy fund for
perspective takes a micro view of the compa- West Papua (Budiratna & Qibthiyyah, 2020),
ny's internal activities. the accountability of the special autonomy
fund (Sukmalalana, Ramadhan, Pdihegso,
Employees no longer carry out the selection Huda, & Fadli, 2020), the effectiveness of
of supplies through tenders in work units electronic procurement (Adi, 2017), and
that require the goods and services but in- measuring the effect of spending on special
stead are carried out by a more independent autonomy fund for prosperity such as educa-
provider selection work team with available tion and reducing poverty (Warouw,
positions. The Regulation of the Minister of Nangoy, & Runtu, 2016). This study also dis-
Public Works and Public Housing Number cusses the process of spending Local Govern-
14 of 2020 concerning Standards and Guide- ment Budget (APBD) managed by the West
lines for Procurement of Construction Ser- Papua regional government and the weak-
vices Through Providers also limits the tech- nesses that could lead to corruption. This
nical requirements that reduce the possibil- study aims to determine the public procure-

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Jurnal Tata Kelola dan Akuntabilitas Keuangan Negara, Vol. 9, No. 1, 2023: 103-121

ment ecosystem in West Papua’s local gov- Procurement of Government Goods/Services


ernment and identify its weaknesses. Recom- to Accelerate Welfare Development in Papua
mendations will be provided for the policy- Province and West Papua Province.
makers to improve the public procurement The data used in this study consisted of
ecosystem in order to prevent corruption. primary data from structured and in-depth
The research questions are structured as fol- interviews and secondary data from the West
lows: Papua Province LPSE portal. Participants
1. What are the existing public procurement who agreed to be interviewed by the research
ecosystem and the weaknesses in the West team were from the LKPP and the Financial
Papua government? and Development Supervisory Agency
2. What are the recommendations that will (Badan Pengawas Keuangan dan Pembangu-
be proposed to improve the public pro- nan, BPKP). There were two participants
curement ecosystem in order to prevent from LKPP, namely the Head of LKPP for the
corruption? period of January 2019 to January 2022, and
the other is an officer with a general function
and in charge of advocacy for the province of
RESEARCH METHOD West Papua, hereinafter referred to as
participant 2 and participant 1. Participants
This study employed a qualitative research from BPKP consisted of four functional
method to obtain a good picture of the public auditors and one head of finance and general
procurement process in West Papua affairs. Three auditors have the knowledge
Province. According to Cresswell (2014), the and experience to oversee procuring goods
qualitative method can explore the portrait and services whose funding comes from the
of the procurement of goods and services in state budget. One auditor oversees the
West Papua. Research on public management of regional revenue and
procurement using a case study approach in expenditure budget funds and has experi-
West Papua was carried out by considering ence as head of the working group for
the status of government autonomy and procurement of goods and services. One
regional spending. West Papua is one of the auditor was involved in supervising the
provinces with a particular autonomous procurement of goods and services during
region level under Law Number 21 of 2001. the preparation process for the National
In addition, the President of the Republic of Sports Week in West Papua in 2021. The
Indonesia specifically issued Presidential informant from BPKP took part in the inter-
Regulation 17 of 2019 concerning the view after that and is referred to as Inform-

Presidential
Regulation

Ecosystem Deficiency Thematic Recommendation


Theory Analysis

Existing
Actors’ Roles

Figure 2. Theoretical Framework

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THE LACK OF A STRONG AND ACCOUNTABLE PUBLIC PROCUREMENT ...
Sopian, Bagas Johantri, Rachma Aprilia
ant 3 as the interview process was carried out construction work, considering that this
in groups or FGDs. Participants who are work is complex. When the tender is only
Contract Officers (Pejabat Pembuat won by 16.51% of all participating providers,
Komitmen, PPK) are represented by one it indicates the market is concentrated. High
leader, namely the head of the BPKP general market concentration does not align with
section. the objective of public procurement as a
means of economic equity (Peleckis, 2022).
The validity and reliability of primary and Pavic, Galetic, and Piplica (2016) state that
secondary data were tested using triangula- Herfindahl-Hirschman Index (HHI) and
tion techniques. The truth of information or The Concentration Ratio 4 (CR4) are the in-
statement will be confirmed between dicators to observe the level of competition
informants and primary and secondary data in a public procurement process.
to ensure validity and reliability. Primary
data from the interview results will be In this section, concentration measurements
processed using thematic analysis. Thematic are carried out on sub-types of procurement,
analysis is a method for identifying, especially for construction work. The study
analyzing, and interpreting specific theme did not measure concentration on other
patterns used in qualitative research and can types of service procurement and procure-
translate interview results during the data ment of goods, considering that the popula-
collection process (Braun & Clarke, 2006). tion for this type was relatively tiny. The
This study employs thematic analysis tools to breakdown of concentration by subtype for
explore potential themes related to research consulting services and construction activi-
problems and reduce data unrelated to ties is intended to give a more detailed view.
research problems. In thematic analysis, This is done considering that the building
there are six stages or processes: under- construction provider may not be eligible to
standing the research data, organizing and participate in the road works tender. Like-
reducing data deductively, information wise, providers with particular specifications
capturing and theme organizing, reviewing for planning work may not be qualified for
and developing the prime themes, classifying work on preparing a feasibility study.
the prime themes according to the research
question, and producing the research In construction work, work is divided into
reports. three categories. The first categories, such as
bridge, road, and terminal works. The sec-
ond category includes work related to build-
RESULT AND DISCUSSION ings, buildings, and spaces. The third cate-
gory includes work related to rivers, jetties,
Competitive Index and Market Con- and irrigation. Based on this classification,
centration the value of market concentration in con-
struction work is shown in Figure 3.
The types of public procurement are grouped
into four based on the characteristics of the The value of the HHI at five years of obser-
work. Administratively, providers need spe- vation is low. A low level of market concen-
cific permits to be declared competent pro- tration indicates competition in the market.
viders in each type of procurement. Procure- The highest value of market concentration is
ment of construction work sometimes re- 10,000, while the highest value in the pro-
quires specific certifications to demonstrate curement of construction work for water-
the provider's competence in sub- related categories, such as rivers, ports,

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Jurnal Tata Kelola dan Akuntabilitas Keuangan Negara, Vol. 9, No. 1, 2023: 103-121

Figure 3. Construction Work Classification

docks, etc., is 1,487 in 2022. Meanwhile, in 100%, indicates a high concentration, and
the building category, the highest value was the market tends to become an oligopoly
2,313 in 2022. The concentration level is de- market.
ficient in the road and bridge category, with
the highest score of only 364 in 2018. There Public Procurement Actors
is no general indication of high market con-
centration in procuring construction work in Based on the previous literature review, eco-
West Papua for 2018-2022. However, atten- system analysis will use the focal offer as the
tion tends to increase in 2022 for all job cate- related object and actor. The results of the
gories of construction. The CR4 value can be interviews indicate a significant role that
seen in the Figure 4. contributes to the achievement of procure-
ment objectives. The focal offer and the ac-
Based on the results of the CR4 calculation, tors involved are illustrated in Figure 5.
we can assume a tendency for an increase in
CR4 in 2022. Category 1 construction work Actors in procuring government goods and
has the lowest average CR4 among other cat- services include officials and employees
egories, with the highest value of 27.35% in within the West Papua Provincial Govern-
2018. Category 2 construction work had the ment who serve as Budget User Authorities
highest average value of 75.05% in 2022. In (Kuasa Pengguna Anggaran, KPA) officers,
category 3 construction work, the CR4 value PPK officers, and Working Units for Public
will increase significantly in 2022 compared Procurement (Unit Kerja Pengadaan Ba-
to 2021. According to Pavic et al. (2016), a rang/Jasa, UKPBJ) officers. Supervisors are
CR4 value of 0-50% indicates a low concen- parties that are not directly involved in the
tration. The market tends to be competitive procurement process but participate in su-
for providers. CR4, with a value of 60%- pervising the process either through audits,

Figure 4. Market Concentration Ratio

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THE LACK OF A STRONG AND ACCOUNTABLE PUBLIC PROCUREMENT ...
Sopian, Bagas Johantri, Rachma Aprilia

Figure 5. Public Procurement Actors Interaction

monitoring, or evaluation. Parties acting as ules, budgets, and general procedures for
supervisors include the West Papua Provincial procurement (Rencana Umum Pengadaan,
Inspectorate and the West Papua Representa- RUP). At the same time, the scope of the
tive of BPKP. The regulator is the role that procurement preparation phase includes the
sets the rules related to the public procure- determination of technical specifications,
ment and procurement infrastructure, such as the preparation and determination of the
the LPSE platform used in the tender system Owner Estimate, and the design of the con-
procurement. The actor who acts as a regula- tract. Because of the preceding, KPA/PPK
tor based on the interview results is LKPP. plays an essential role as a supplier of pro-
Business actors and Providers are business curement process inputs in the planning
actors who become government partners process. However, the interview results stat-
through procuring goods and services. The ed that Human Resources still faced con-
role of providers in West Papua PBJP in- straints concerning identifying needs, as ex-
cludes OAP (Papuan people) and non-OAP pressed by Participant 1.
business actors.
“With regards to the capacity of Human
Resource... how capable are they in iden-
Budget User Authority/Committee Of- tifying needs, do the targets and policies
fice meet the needs of the Papuan people, are
the implementers indigenous Papuans.
Based on Presidential Decree Number 45 of Once, a region in Papua requested that
its procurement not be carried out elec-
2013, KPA is an official in the field of procure- tronically. Every year there are always
ment who is determined by the Budget User those who put forward such request.”
to use the State Budget or determined by re-
gional heads to use the Local Government Participant 2 believes that one of the abili-
Budget. At the same time, PPK is an official ties that KPA/PPK must have are the ability
responsible for implementing the procure- to prepare and establish plans for the needs
ment of goods or services. PPK can be held of goods and services (procurement plan-
concurrently by KPA if the scope of the agency ning), considering that as someone respon-
is manageable. The role of KPA/PPK in the sible for the task, one must be well-versed in
public procurement ecosystem lies in the what is needed. Furthermore, Participant 2
planning and preparation stages. The plan- discovered the dysfunction of KPA's authori-
ning phase involves preparing plans, identify- ty in preparing and planning the procure-
ing needs, and determining methods, sched- ment:

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Jurnal Tata Kelola dan Akuntabilitas Keuangan Negara, Vol. 9, No. 1, 2023: 103-121

check whether the Owner's Estimate is rea-


“A very dominant role in planning and sonable and justifiable. Participant 2 added
budgeting. One must be able to distin- that the tender system selection does not al-
guish between procurement planning and
procurement plans. Procurement plan- ways prioritize the lowest bid value but, in-
ning is a person planning for the goods stead, a reasonable price or justifiable with
and services that one would need. Pro- valid reasons.
curement planning would be the respon-
sibility of the planning and budgeting
team. Once it is established, the procure- In summary, KPA/PPK still faces challenges
ment plan shall be forwarded to UKPBJ. regarding human resources competence. On
Identification of needs is the responsibil- the other hand, good planning was why the
ity of KPA/PPK. However, more often
than not, the work is carried out by func- Owner's Estimate was too high. However,
tional procurement officials, thereby this still needs to be further proven regard-
leading to inaccurate results. The duties ing the reasonable value of the Owner Esti-
of the functional procurement officer cov- mate.
er procurement plans that are fundamen-
tally administrative such as determining
the selection method, qualification meth- Public Procurement Working Unit
od, provider requirements, evaluation (UKPBJ)
method, method of submitting bidding
documents, and the selection schedule.”
Based on LKPP Regulation Number 10 of
2021, UKPBJ is a work unit under the Minis-
The same opinion was also expressed by Par-
try/Institution that is the Center of Excel-
ticipant 3 as follows:
lence for Public Procurement. The UKPBJ
"The target of our BimTek (Technical structure usually consists of UKPBJ Leaders
Guidance) is the Contract Officers (PPK) who oversee the PBJP Management Unit,
and the Working Units for Public Pro- LPSE Management Unit, Human Resources
curement (UKPBJ)). Unfortunately, they
are unaware of how to determine the Do- (HR) Development Unit, PBJP Assistance
mestic Component Level/TKDN (Tingkat Implementation Unit, Consultation, and
Komponen Dalam Negeri). From some technical assistance. The Head of UKPBJ can
Contract Officers we have come across, establish an selection working group to man-
no one has been able to decide on the per-
centage of the TKDN. This implies that in age the selection of providers. The Selection
terms of quality, we conclude that the hu- Working Group consists of three people. The
man resources are still weak." number of members of the Selection Work-
ing Group may be increased, provided that
Regarding the Owner Estimate, the Contract
the number is odd, considering the complex-
Officers' area of responsibility, the secondary
ity of the providers to be chosen. A team of
data analysis results show that the average
experts can assist the Selection Working
ratio of contract values to HPS is above 95%.
Group.
Another study (Johantri & Aprilia, 2021)
shows that the average comparison of con-
The next phase is the selection process which
tract values with the Owner Estimate ranges
consists of the preparation and implementa-
from 80-90% but with a different research
tion. This phase is the responsibility of the
object, namely the LPSE Ministry of Finance.
UKPBJ or Selection Working Group. Prepa-
Participant 2 stated that it was premature to
ration for the selection includes pre-
conclude that the price for the Owner Esti-
qualification activities in which prospective
mate was set too high based on the slight dif-
bidders submit qualification documents
ference between the contract value and the
proving competence, business capability,
Owner Estimate. It requires further examina-
and fulfillment of specific requirements from
tion by conducting market price surveys to
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THE LACK OF A STRONG AND ACCOUNTABLE PUBLIC PROCUREMENT ...
Sopian, Bagas Johantri, Rachma Aprilia
goods and service providers, including the ment process] to conduct verification, to
identify whether any OAP is present so
requirements for indigenous Papuans as per that proper measurements are taking
Presidential Regulation Number 17 of 2019. place, to investigate whether other enti-
ties are non-Papuans taking advantage
Tenders in the Papua province have privileg- of the procurement system when they
should not be. There was also an experi-
es as stipulated in Presidential Regulation ence when the non-Papuan used the
Number 17 of 2019 concerning Government name of the Papuan/OAP bidder and had
Procurement of Goods/Services to Accelerate the OAP accept the result later."
Welfare Development in the Provinces of Pa-
pua and West Papua. In preparing the gen- Participant 2 also confirmed the same. The
eral plan for procuring goods/services, the statements imply that there are obstacles in
PA/KPA determines a work package that verifying in the process because the authority
provides opportunities for Papuan Business to verify authentic evidence rests with other
Actors without neglecting the quality of the parties, such as the Population and Civil
work. In addition, non-small business actors Registry Office (Dinas Kependudukan dan
participating in procuring goods/services in Catatan Sipil) and the One Single Submis-
Papua and West Papua provinces are re- sion (OSS) manager. Following that is the
quired to empower Papuan business actors. implementation stage of the selection. When
The relationship can be in the form of part- a tender is announced, election documents
nerships and subcontracts. In the case of a are registered, explanations are given, bid
partnership being used, the association must documents are submitted, opened, and eval-
be led by a Papuan business actor. If it is a uated, a reverse auction is conducted if ap-
subcontract, this is determined by the PPK plicable, possible winners are identified,
and included in the selected document. In prices are clarified, technical issues are nego-
addition, there are limited tender provisions tiated, and winners are selected. UKPBJ em-
to select providers. A small bid is defined as ploys the LPSE platform in pre-qualification
tender with limited participants having to be activities and the selection process to select
participants from Papuan business actors. providers through tenders.
With the privileges and limitations for bid-
ders, based on the NPWP number, out of Several obstacles were revealed from the in-
38,045 bids, there were 4,589 bids from pro- terviews, including aspects related to HR,
viders outside Papua. Of the 1,515 work pack- infrastructure, and work safety constraints.
ages, only 128 units were awarded to provid- Regarding HR, Participant 3 stated:
ers with NPWP outside Papua. No work
packages are won by non-Papua providers "...regarding the ability of HR (Human
Resources) who are not qualified, this
when the work packages are intended for Pa- implies that the procurement process
puan business actors. could not be implemented accordingly,
could it? However, if you wish to obtain
data from the Human Resource Manage-
However, to fulfill the purpose of procure- ment Agency (Badan Pengembangan
ment, namely economic equity for Papuan Sumber Daya Manusia, BPSDM), it only
business actors, it is necessary to ensure ben- provides information on individuals with
eficial owners from providers who are Native certification, that is all. In this province,
only sixty people have attended the train-
Papuans or politically termed as Orang Asli ing and education."
Papua (OAP), not just administratively, as
stated by Participant 1. Regarding infrastructure, Participants 3 and
1 stated that the problem was good internet
"We should have access to [the procure-
access or limited network problems. Not all

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Jurnal Tata Kelola dan Akuntabilitas Keuangan Negara, Vol. 9, No. 1, 2023: 103-121
sub-districts have good internet access, and This information also reinforces the im-
there is a schedule in which they can use in- portance of verifying OAP business actors as
ternet facilities. The two participants also beneficial owners. In addition, providers also
expressed issues regarding work safety. face various obstacles in the supply of goods,
including cultural constraints. Participant 3
“During the Construction Management
(Manajemen Konstruksi, MK) auction, states that the advantage is if the business
we were subject to disruption. Once one partners are OAP, they will be more familiar
of the bidders lost, he believed he was the with community leaders and relatively safer
rightful winner. However, based on the because residents will not interfere with the
results and deliberation of the working
group, we decided that he was not eligi- implementation process. If not, road or area
ble to win, and therefore another supplier blockages often impede the development
won the bid. So the losing party went to process.
the BPKP representative office with the
intent to conduct a blockade to close the
office. Fortunately, we could bring in the It can be concluded that the provider must
police – (voice unclear) to prevent the have a certain strategy to ensure that the
blockade from happening. Whatever ac- work package that has been won can be car-
tions that losing party attempted to do
did not change our initial decision that he ried out properly and smoothly. This strate-
is not fit [to win].” gy's determination should consider cultural
elements or customs in West Papua. Apart
Thus, one of the keys to public procurement from that, the cost strategy also needs to be
is the competence and integrity of the taken into account, as stated by Participant
UKPBJ. 2:

Public Procurement Providers "The selected bidder/bid winner should


allocate a budget. You must have a budg-
et to cover the cost of security and the
The results of secondary data analysis on cost of a communal ritual meal to com-
competition and market concentration show memorate or celebrate a particular im-
portant momentum (slametan), which
relatively high competition results (low HHI
does not enrich other people and is not
score). However, several types of work, such considered a violation of the law. In prin-
as construction and consulting, show that ciple, in addition to being strategic, pro-
the tender winners are concentrated in the viders must be able to calculate relevant
costs for carrying out work without com-
four big players. Participant 3 statement re- mitting acts against the law or enriching
lated the dominance of several large provid- state officials."
ers in the tender process as follows:
As described in the sub-section of the ten-
"Yes, that is the way business is conduct- der/selection overview in West Papua, the
ed here. In a certain area, there are com-
panies, say, the big three companies. The average contract value is close to the HPS
presence of these large companies affects value. Further data exploration shows that
the small companies. They would do the tender winner is not always the provider
whatever it takes. Whenever there is a that bids the lowest price. The provider is
huge public procurement call for bidding,
the smaller companies cannot get their declared the winner because the provider
hands in the goods and services procure- with the lower bid is disqualified in the ten-
ment bidding process. Usually, the pro- der. The provider failed due to technical
curement will be awarded to the bigger
companies. This happens not only in qualification requirements that could not be
West Papua. On average, this similar sit- met. Either the terms were not included in
uation happens in other provinces too." the bidding documents when submitting the
bids, or the provider failed to demonstrate

114
THE LACK OF A STRONG AND ACCOUNTABLE PUBLIC PROCUREMENT ...
Sopian, Bagas Johantri, Rachma Aprilia
the legitimacy or correctness of the require- on a provision or event faced by actors pro-
ments they entered in the clarification and curing goods and services. Regarding the su-
evaluation stages of the bidding documents. pervision carried out by BPKP, Participant 3
Many small business actors experience barri- provided the following information:
ers to fulfilling tender requirements. Partici-
pant 3 revealed that local entrepreneurs "Based on our experience, the assignments
(BPKP) related to public procurement in
could not compete because they did not meet West Papua are mostly requests coming
the qualification requirements. from central agencies...actually for the
implementation of audits, we rarely get to
The two pieces of information align with the the auction stage...the implementation is
complete, then we continue with monitor-
data on the previously obtained tender re- ing, then there are restrictions, in the eval-
sults. When the winner of the tender is not uation guideline itself it is limited, it is lim-
the provider with the lowest bid, the budget ited not including the bidding process car-
ried out by PPK, usually in that state, so
savings from the tender becomes less opti-
we carry out evaluation or monitoring
mal. Technical qualification requirements are only during the implementation stage, and
essential. We need to consider further which it is carried out after the work is complet-
qualification requirements are necessary and ed... If it's not with BPK, no ma'am, but
with the Inspectorate as APIP, some of the
must exist and which provisions can be omit- assignments previously carried out by
ted. However, the number of qualification BPKP, maybe now APIP has been delegat-
requirements that are many and complex, ed or transferred to the regions. For exam-
will become a barrier for providers to enter ple, for special allocation budget (Dana
Alokasi Khusus, DAK) funds, we used to do
procurement. It will lead to competition that monitoring, but now it is handed over to
will not take place optimally. the inspectorate, BPKP, as quality assur-
ance only."
It is necessary to make it easier for small
business actors in obtaining the qualification Participant 3 also stated that concerning the
requirements for encouraging competition quality of internal control during the process
while still raising the qualification require- of procuring government goods and services.
ments in tenders. In the construction sector,
"Ideally, the higher the PK APIP level, the
for example, the qualification requirements more competent the process is. If, for ex-
for school building work will differ from ample, the competency level is good, they
those for housing building construction. The can give a role not only at the end after the
government's role is needed so that providers job is finished but they participate in the
process. What is that term, probity audit?
can quickly obtain both qualification require- So the assistance from the start of plan-
ments and satisfy the terms and conditions to ning, implementation, bidding, and so on
participate in more tenders. does not wait until the last post-audit is
finished. The hope is that if they can have
that capability, they can provide an early
Supervision of Public Procurement warning to prevent it and that public pro-
curement can be more orderly, minimizing
The Government Internal Supervisory Appa- irregularities. Some are already there
(probity audit). Some have started gradu-
ratus (Aparat Pengawas Internal Pemerintah, ally. Back to the leadership's commitment,
APIP) oversees public procurement imple- the first function is the control environ-
mentation. BPKP is a body related to the su- ment for Papua and West Papua."
pervisor, although it is not limited to imple-
menting public procurement only. Apart According to Participant 2, the role of LKPP
from BPKP, the procurement of goods and and the synergy between LKPP and BPKP to
services can involve LKPP. LKPP can advise support procuring government goods and ser-

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Jurnal Tata Kelola dan Akuntabilitas Keuangan Negara, Vol. 9, No. 1, 2023: 103-121
vices is carried out through monitoring, coor- tween actors in the ecosystem is described in
dination, and providing probity advice or Figure 6.
mentoring.
KPA/PPK parties play a role by providing
"… usually, we have monitoring through input through good planning toward credible
the LKPP e-monev right there; just open it
later. The LKPP e-monev will be there lat- procurement objectives. UKPBJ delivers
er; for example, on the State Administra- feedback in the form of administering a fair
tion Agency (Lembaga Administrasi and transparent provider selection process
Negara, LAN), STAN (Sekolah Tinggi so that it can support a reasonable procure-
Akutansi Negara) has four work packag-
es, there are goods, only services, there is ment value. At the same time, the supply
consultant work, and the construction side provides input in the form of offering
will appear there, what percentage of the goods and services according to the qualifi-
units there are, it will appear. That is why cations of the business actor. The supervisor
the auditor must know what the SOP is in
the area, and local wisdom must exist." provides audit services during the process.
After the procurement is completed, the reg-
Relations Between Actors in the West ulator's role is to provide input in the form of
Papua Public Procurement Ecosystem rules related to PBJP in general and specifi-
cally for Papua and obtain data for monitor-
The ecosystem concept states that every actor ing procurement.
in the ecosystem environment will interact
with each other and contribute to the main Apart from contributing to the focal offer,
goal (Moore, 1993). The main goal (focal of- actors in the ecosystem also interact with
fer) in the PBJP ecosystem is procuring credi- each other. KPA/PPK provides a General
ble goods and services in accordance with the Procurement Plan as material for UKPBJ to
procurement objectives in Presidential De- carry out the selection stages. UKPJ began
cree Number 17 of 2019. The relationship be- the tender selection process by announcing

Figure 6. West Papua Public Procurement Ecosystem Relations

116
THE LACK OF A STRONG AND ACCOUNTABLE PUBLIC PROCUREMENT ...
Sopian, Bagas Johantri, Rachma Aprilia
bids through the LPSE platform. The provid- Regarding the UKPBJ, the conditions re-
er submits bidding documents according to vealed from the analysis results are the lack
their qualifications. The bid winner then of functional human resources for certified
binds a contract with Contract Officer, then procurement, OAP authentication responsi-
carries out their work according to the agree- bilities outside the authority of UKPBJ, occu-
ment, and is entitled to payment after the pational safety risks, and lack of internet net-
completion of the contract. Internal supervi- work infrastructure support. These HR is-
sors, as parties outside the procurement ac- sues can be addressed through training for
tors, provide assistance or consultation dur- the procurement function to manage the cer-
ing the procurement process and conduct tified procurement operating staff shortage.
procurement audits. The OAP authentication task requires com-
mitment and support from the leadership to
The value network shows that the procure- carry out data integration that facilitates the
ment process begins with the role of the Con- authentication process or by delegating the
tract Officer as initial input. Therefore, the authentication task to agencies with authori-
improvement solutions will start from KPA/ ty regarding OAP identity, such as Dukcapil.
PPK. In formulating solutions, conditions Enforcement of the OAP authentication pro-
and root causes will be presented in Figure 7. cedure is an essential first step in ensuring
equal distribution of business opportunities
From the KPA/PPK side, the obstacles iden- for local business actors, which can boost
tified based on the analysis in the previous West Papua's economy. The problem of oc-
sub-chapter are the planning process that is cupational safety risks and inadequate infra-
not following the needs and technical regula- structure networks also requires strengthen-
tions. The root of the problem in this condi- ing the leadership's commitment to ensure
tion is the lack of competence of KPA and the safety of its employees by coordinating
PPK human resources. Therefore, the solu- with law enforcement officials and oversee-
tion offered is to increase the competence of ing the West Papua infrastructure develop-
KPA/PPK human resources. ment roadmap according to plan.

Figure 7. Public Procurement Weakness and Recommendation

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Jurnal Tata Kelola dan Akuntabilitas Keuangan Negara, Vol. 9, No. 1, 2023: 103-121

Problems experienced by providers include for small enterprises, all of these inputs are
obstacles in meeting both technical and ad- required.
ministrative qualifications and socio-
cultural constraints. Obstacles to fulfilling CONCLUSION
the qualifications are caused by the low re-
sources owned by business actors. This can Based on the results and discussion, second-
be addressed by increasing the competence ary data shows the direction of achieving the
of human resources, which can understand goals of public procurement in the province
procurement rules, and establishing part- of West Papua. The actual procurement of
nerships with related parties to improve goods and services at self-estimated prices
technical qualifications. In addition, obsta- set by PPK and UKPBJ tends to be close to
cles to fulfilling administrative capabilities identical values. On the other hand, the in-
can also occur due to additional administra- tegrity assessment survey results show that
tive requirements from the PPK, who are too the risk of corruption during the public pro-
careful, making it difficult for business ac- curement process, such as the intervention of
tors. Therefore, efforts to increase the com- the winner, the close relationship between
petence of PPK human resources proposed the committee and the providers, and the ar-
in the previous paragraph are expected to rangement of the winning bidder, is still high.
help overcome the problem of qualification
constraints. By using the ecosystem concept, it is known
that each actor faces several problems that
Apart from that, it is also necessary to evalu- contribute to achieving public procurement
ate the regulatory streamlining that the gov- objectives. KPA/PPK meets Human Re-
ernment has made for Papuan business ac- sources constraints, which creates weakness-
tors to find out the practice in the field and es in identifying needs, determining TKDN,
their effectiveness for business actors. As for and determining administrative require-
socio-cultural constraints, this requires a ments that can hinder more comprehensive
socio-cultural approach through leadership providers' participation. UKPBJ also has
commitment and continuous education from challenges in human resources in the form of
PPK and UKPBJ regarding fair and trans- a limited number of certified functional offi-
parent procurement processes. Business ac- cials, internet network infrastructure con-
tors must make these efforts to comprehend straints, difficulties in the OAP authentica-
and assess procurement processes created to tion process, and work safety risks that re-
guarantee appropriate treatment for all bid- quire leadership commitment. From the sup-
ders. ply side, the conditions faced are fulfilling
administrative and technical qualifications
The synergy between planning inputs car- due to weak resources owned by business ac-
ried out correctly by KPA/PPK and the selec- tors. In addition, there are socio-cultural con-
tion process carried out fairly and transpar- straints on local business actors, such as the
ently by UKPBJ can form a credible procure- difficulty of accepting defeat and prioritizing
ment process and encourage business actors violence. Monitoring carried out by supervi-
to compete fairly. In order to achieve the de- sors also found obstacles in the form of
sired outcome, which satisfies the require- APIP's maturity level, which still needed to
ment for adequate government goods and be higher. Therefore supervision still requires
services in terms of quantity, quality, time, improvement. Improvement efforts by each
and cost, as well as other procurement goals, stakeholder in the public procurement eco-
such as economic fairness and convenience

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