PENEGAKAN HUKUM PERSEKONGKOLAN TENDER DENGAN SIFAT RULE OF REASON
Abstract: This article is to
analyze that collusion on Act number 5 of 1999related to rule of reason
category means that KPPU has to prove the effect of the collusion effort in the
in disposedeffort emulation. The efforts of tender collusion are so inflicts
financial loss to the society or the state. Because the tender collusion result
on developmental activities are coming from general revenues and national
expenditure budgeting fund (APBN) which is released without anyresponsibility
andthewinner oftender it self conspiring to obtain bigadvantages from non nalprice.
Fromall KPPU database, most ofall are these cases-Tender Collusion(70%).
Collusion close to the negative meaning of preliminary excistenceof corruption,
ehich can harm the state. Rule of reason ap proach is an approach which is used
as means of evaluation by the institute of emulation authority, to evaluate the
effect of certainbusiness activity oragreement, to utilize the
determineactivity or agreement which has the charactertopursue orto support the
emulation. Thestrengthening of law will be strengthen KPPUon
tendercollusionsettlement, because KPPU has toprove the collusioncaused and
effect which caused the indisposedeffort emulation. Refer to this explanation,
collusion is more compatible toper se illegal category.
Keyword: tender collusion
Penulis: Hemawan Hadi
Kode Jurnal: jphukumdd090084
