| dc.contributor.advisor | DEWATA, MUKTI FAJAR NUR | |
| dc.contributor.author | FAHLEVI, REZA | |
| dc.date.accessioned | 2018-11-14T02:42:50Z | |
| dc.date.available | 2018-11-14T02:42:50Z | |
| dc.date.issued | 2018-06-03 | |
| dc.identifier.uri | http://repository.umy.ac.id/handle/123456789/23120 | |
| dc.description.abstract | Direct appointment is one method in the procurement of goods and/or
services which is commonly used by State Owned Enterprisess. This research
aimed to analyze the provision on the direct appointment by State Owned
Enterprises in procurement of goods and/or services. The types of this research is
normative legal research by analyzing the secondary data resources descriptively
and qualitatively. The direct appointment by the State-Owned Enterprises is
regulated in the Ministry Regulation of State Owned Enterprises No. PER-
05/MBU/2008 juncto Ministry Regulation of State Owned Enterprises No. PER-
15/MBU/2012 on General Guidance for Implementation of Procurement of Goods
and/or Services State-Owned Enterprises. It is found that there are differences on
the direct appointment by government and the direct appointment by State Owned
Enterprises. The differences lied on the process and the principles. Unfortunately,
that provision is contrary to the Law No. 5 of 1999 on Prohibition of Monopoly
Practice and Unfair Business Competition, especially Article 19 letter d on
discrimination and 22 on conspiracy. On that case, the legal principle of Lex
Superior derogat Legi Inferior is applied. So, the application of Law No. 5 of 1999
as the higher regulation has to be prioritized. Besides, the Ministry Regulation of
State Owned Enterprises No. PER-05/MBU/2008 was not mandated by the Law
which explicitly explain that formulation of such regulation is not based on the
unfair business competition. | en_US |
| dc.publisher | FAKULTAS HUKUM UNIVERSITAS MUHAMMADIYAH YOGYAKARTA | en_US |
| dc.subject | direct appointment, state owned enterprises, business competition | en_US |
| dc.title | UNFAIR COMPETITION IN TENDER: A CASE STUDY OF DIRECT APPOINTMENT IN PROCUREMENT OF GOODS AND/OR SERVICES BY STATE OWNED ENTERPRISES | en_US |
| dc.type | Thesis
SKR
FH
220 | en_US |
