Journal of Law, Poliitic and Humanities
Vol. 4 No. 4 (2024): (JLPH) Journal of Law, Politic and Humanities (May-June 2024)

The Validity of Goods/Services Contracts Signed by Commitment Making Officials Who Do Not Have A Certificate of Competency

Hermansyah, Hermansyah (Unknown)
Saleh, Mohammad (Unknown)



Article Info

Publish Date
04 Jun 2024

Abstract

This research discusses the validity of goods/services procurement contracts signed by Commitment Making Officials (PPK) without a certificate of competence, in accordance with the provisions of Presidential Regulation No. 16/2018. This regulation requires PPK to have a certificate of competence by December 31, 2023, but many PPKs have not yet met this requirement. Through LKPP Circular Letter (SE) Number 1 of 2024, relaxation of this requirement is given, allowing the assignment of PPK from Other Personnel with basic certificates. This research uses a normative method with a conceptual and statutory approach, analyzing the legal implications of the relaxation. The results show that contracts signed by PPK without a certificate of competence can be considered "voidable" (vernietigbaar) according to Article 1320 of the Civil Code. This is due to the PPK's incompetence in fulfilling the required competency requirements.

Copyrights © 2024






Journal Info

Abbrev

JLPH

Publisher

Subject

Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

Description

Journal of Law, Poliitic and Humanities is a research journal in Law, Humanities and Politics published since 2020 by the Dinasti Research. This journal aims to disseminate research results to academics, practitioners, students, and other parties who are interested in the fields of Law, Humanities ...