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Yelly Metasari
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Perlindungan Hukum Bagi PPK Sebagai Penyelenggara Kontrak Pengadaan Barang dan Jasa Pemerintah Yelly Metasari
Jurnal Hukum Sasana Vol. 8 No. 1 (2022): Jurnal Hukum Sasana: June 2022
Publisher : Faculty of Law, Universitas Bhayangkara Jakarta Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31599/sasana.v8i1.1256

Abstract

Presidential Regulation (Perpres) No. 12 of 2021 concerning Procurement of Government Goods and Services has not provided Legal Protection to Commitment-Making Officials (PPK) as Contract Implementers of Government Goods and Services Procurement. In practice, the provisions of Article 77 of Perpres Number 16 of 2018 is not implemented, the right of Government to obtain legal protection in the context of facing complaints against alleged state losses has not been regulated. There are two issues to be discussed in this article. Firstly, Has Presidential Regulation No. 12 of 2021 concerning Procurement of Goods / Services provided that the Government already providing legal protection to PPK? Secondly, How is the form of government action in the context of providing legal protection to PPK? This study uses a normative juridical research method which consists of primary, secondary and tertiary legal materials. The results of the research show that Perpres Number 12 0f 2021 concerning Procurement of Government of goods/services have not provided legal protection to PPK. Then, the form of government action in order to serve legal protection for PPK is to provide an opportunity for PPK to be able to exercise its rights for providing answers and explanations for the alleged loss of the state. Therefore, this study suggests that it is necessary to issue a law on the procurement of goods/services of the Government that regulates related explicitly to providing legal protection for PPK. Then, the form of legal protection might be provided by the Government to the PPK, such as the provision of work guarantees in the form of legal insurance to procurement managers, especially PPK. This insurance policy is budgeted for each procurement package to be carried out in a tender.