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All Journal JURNAL JUSTIQA
Herry Anto Simanjuntak
Universitas Quality
Law, Crime, Criminology & Criminal Justice Social Sciences

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PERMASALAHAN DAN UPAYA PENYELESAIAN SENGKETA KONTRAK PENGADAAN BARANG/JASA PEMERINTAH Herry Anto Simanjuntak
JURNAL JUSTIQA Vol 4, No 1 (2022): VOL 4 NO 1 TAHUN 2022
Publisher : Universitas Quality

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Abstract

In general, in making an agreement/agreement it is always preceded by an agreement and then it is stated in a letter or deed in this case when it comes to government goods/services it must be carried out in an agreement called a contract. The contract will state the rights and obligations of the parties who are the reference in carrying out a job with the aim that the parties bound in the contract are able to comply and submit in accordance with the contents of the contract agreement made. It is undeniable and frequent dissatisfaction by the Commitment Making Officer (PPK) for the implementation of the contract by the provider of goods/services. Such dissatisfaction can lead to unilateral termination of the contract by the Committing Officer, which is followed by other actions such as collecting a full refund of the advance and blacklisting the provider of goods/services. Meanwhile, the provider of goods/services will not simply accept the act of terminating the contract by the PPK. The provider of goods/services will try to submit various reasons and defenses. Thus, the termination of the contract can cause a dispute between the PPK and the provider of goods/services. To accommodate problems that often arise in the field, Law Number 30 of 1999 concerning Arbitration and Alternative General Dispute Resolution has regulated procedures for resolving disputes between contracting parties. In addition, specifically for government goods/services procurement contracts, provisions regarding contract termination are also found in Presidential Regulation number 54 of 2010. Contract dispute resolution is not only resolved according to the law but in practice in the field, dispute resolution can be carried out by means of deliberation between the disputing parties. , and if there is a stalemate, the final settlement is carried out through legal channels in court.
PERTANGGUNG JAWABAN PELAKU USAHA ATAS TINDAKAN PERBUATAN CURANG YANG MERUGIKAN HAK HAK KONSUMEN Herry Anto Simanjuntak
JURNAL JUSTIQA Vol 4, No 2 (2022): VOL 4 NO 2 TAHUN 2022
Publisher : Universitas Quality

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36764/justiqa.v4i2.775

Abstract

Along with the progress of the times followed by the development of the economy in general, especially in the field of industry and national trade, it has produced various variations of goods and/or services that can be consumed. In addition, globalization and free trade are supported by advances in telecommunications and information technology which have expanded the space for the flow of transactions of goods and services across the borders of a country, so that the goods/services offered vary both domestically and abroad. This situation becomes a positive or negative challenge, where a positive challenge can provide benefits for consumption, being able to freely choose the goods/or services they want where consumers have the freedom to determine the type and quality of goods/services according to their needs. Furthermore, from the negative side where these conditions cause the position of consumers to be weaker than business actors.Whereas, considering such conditions, on the one hand, it has benefits for the condition of consumers because consumer needs for the desired goods and/or services can be fulfilled and freedom is wide open to choose various types and quality of goods and/or services in accordance with the wishes and abilities of consumers. Meanwhile, on the other hand, the phenomenon mentioned above can result in the position of business actors and consumers being unbalanced, where the position of consumers becomes the object of business activity to reap the greatest profit with economic principles. Making consumers the object of business activity to reap as much profit as possible by business actors will lead to competition between business actors themselves, this will change the behavior of business actors towards unfair business competition. Unfair competition by business actors includes promotional tips, sales methods, and the application of standard agreements that can harm consumers, which can lead to disputes between consumers and business actors. This dispute can be in the form of one of the parties not getting or not enjoying what they should be entitled to because the other party does not fulfill its obligations.
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