Inkonsistensi ketentuan dan kendala pengadaan barang-jasa pemerintah yang tunduk pada dua ketentuan hukum

TAROREH, Ita Yovita Theresia, Prof. Dr. Nurhasan Ismail, S.H., M.Si

2008 | Tesis | S2 Magister Hukum

The research on Legal Review Concerning Inconsistencies and Obstacles on the Governmental Procurement According to Two Different Regulations aims to know the inconsistencies and obstacles between the Presidential Decree Number 80 Year 2003 and the Treaty in conjunction with the governmental procurement, which is financed by the foreign borrowing from Japan under Tied conditions. This research is a combination between normative judicial research and empirical judicial research by examining documents of secondary data. Normative judicial research examines the Presidential Decree and Treaty. Empirical judicial research examines Technical and Financial Evaluation Reports obtained directly from research subject. The research result shows that the governmental procurement, which is financed by Japan’s ODA Loan under Tied conditions, is subject to the procurement conditions of the treaty as stipulated in the Presidential Decree. In the implementation, some obstacles were found when the procurement conditions of the treaty were applied, mainly obstacles in number of bidding participant, bid price, legal aspect, and budgeting. It was due to the inconsistencies of both regulations mainly in the aspects of nationality of bidding participant, number of goods to be supplied from Japan, number of bidding participant, and bid price. All aspects had prevented smooth implementation of the procurement process.

Kata Kunci : Pinjaman Luar Negeri (Japan's ODA loan),Ketentuan pengadaan tied,Pengadaan barang/jasa pemerintah,Perjanjian internasional, Foreign Borrowing of Japan’s ODA Loan, Governmental Procurement, Presidential Decree, Treaty, Tied Procurement Conditions