TINJAUAN YURIDIS TERHADAP PERSEKONGKOLAN TENDER BERDASARKAN PASAL 22 UNDANG-UNDANG NOMOR 5 TAHUN 1999 TENTANG LARANGAN PRAKTIK MONOPOLI DAN PERSAINGAN USAHA TIDAK SEHAT
ABSTRACT: Bid rigging
stipulated in Article 22 of the Anti Monopoly Law. The contents of the article
as follows : Business agents are prohibited from conspiringwith others to
organize and / or determine the winner of the tender so as to resultin unfair
competition. Bid rigging in the procurement of goods / services can be made
between the organizers of the tender with the provider of the goods / services
and can be done by other bidders. Bid rigging is one form of action that is prohibited
by the antitrust laws as bid rigging is fraudulent and harmful acts primarily
other bidders who do not participate in cahoots, because by itself in the tender
winner can not be arranged, but who do best deals and besides he was the winner
bid rigging is anti-competitive actions. With so many cases of bid rigging that
goes to the Business Competition Supervisory Commission ( KPPU ), the authors
are interested in researching what causes frequent occurrence of bid rigging
and how to prevent it. Because we know that there has been no regulation and
law governing the conspiracy in the procurement of goods and services, but
there are still businesses that do bid rigging. This is where the author wants
to know what the actual cause of the frequent occurrence of bid rigging itself.
So the authors use normative juridical method in conducting the research
thesis. The purpose of this study was to
determine the cause of conspiracy in the procurement of goods and services and
to determine preventive measuresconspiracy in the procurement of goods and
services. The results of this study indicate that the cause of the frequent
occurrence of bid rigging can be caused by various parties. From law
enforcement, the businesses themselves or of the tender committee. And to
prevent bid rigging Commission has made electronic auction system through the
Electronic Procurement Service ( LPSE ). Where the presence of this LPSEs
businesses and tender committee no longer meet.
Penulis: Lisca Vontya Arifin
Kode Jurnal: jphukumdd151327
