Law Enforcement of Unfair Business Competition in the Procurement of Goods and Services

DOI

10.2991/978-2-38476-315-3_19How to use a DOI?

Keywords

Business Competition Supervisory Commission; State Administrative Court; Unfair Business Competition Laws; Administrative Sanctions; Procurement Disputes

Abstract

The purpose of this study is to determine the importance and immediacy of punitive measures for violation offenders in government procurement systems for goods and services within Indonesia. It also aims to evaluate Business Competition Supervisory Commission and State Administrative Court’s roles in enforcing business competition law as well as their responsibilities in conflict resolution. Normative methodology forms the basis of this investigation that delves into legislation related to these areas while looking at what each institution does vis-a-vis its mandate towards resolving conflicts. A systematic review approach is taken where laws, doctrine, regulations are carefully considered so that a proper perspective can be obtained on how best law enforcement efforts could be improved especially when dealing with public procurement issues. The research outcome points out that decisions made by KPPU and PTUN do not show any discouraging impact towards those actors involved in the Procurement Violations— hence the call for more clear administrative sanctions plus a revision of some sections within Presidential Decree 12 of 2021. Communication between KPPU, PTUN, and the Government Procurement Policy Institute also needs to be improved. This research provides a deeper understanding of the urgency of sanctions for procurement actors as an instrument for enforcing unfair business competition laws and resolving disputes over procurement of goods/services by the government in Indonesia. The implication of this research is the need to apply strict administrative sanctions to Procurement Actors in resolving unfair business competition procurement disputes to enforce the law and prevent future violations.

Copyright

© 2024 The Author(s)

Open Access

Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

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TY  - CONF
AU  - Razi Fajari Farghani
AU  - Adi Sulistiyono
PY  - 2024
DA  - 2024/12/24
TI  - Law Enforcement of Unfair Business Competition in the Procurement of Goods and Services
BT  - Proceedings of the International Conference on Cultural Policy and Sustainable Development (ICPSD 2024)
PB  - Atlantis Press
SP  - 129
EP  - 135
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-315-3_19
DO  - 10.2991/978-2-38476-315-3_19
ID  - Farghani2024
ER  -