| dc.contributor.author | Fajar, Mukti | |
| dc.date.accessioned | 2020-11-17T03:37:32Z | |
| dc.date.available | 2020-11-17T03:37:32Z | |
| dc.date.issued | 2020-10-01 | |
| dc.identifier.issn | 17538432, 17538440 | |
| dc.identifier.uri | http://repository.umy.ac.id/handle/123456789/35860 | |
| dc.description.abstract | This research aimed to analyse the provision of the direct
appointment of state-owned enterprises in the procurement of goods and/or
services in Indonesia. This is a qualitative normative legal research drawing on
descriptive secondary data. The appointment of State-Owned Enterprises is
regulated under the Ministerial Regulation on State-Owned Enterprises No.
PER-05/MBU/2008 juncto Ministerial Regulation of State-Owned Enterprises
No. PER-15/MBU/2012 on the General Guidance for the Implementation of
Procurement of Goods and/or Services by State-Owned Enterprises. However,
this business practice seems to have failed to bring about the results sought by
the government. This study reveals that the regulation on General Guidance for
the Implementation of Procurement of Goods and/or Services by State-Owned
Enterprises contradicts Law No. 5/1999 on the Prohibition of Monopolistic
Practices and Unfair Competition, especially Article 19d on discrimination and
22 on conspiracy with regard to the application of the principle of Lex Superior
derogat Legi Inferior. The also shows that the appointment of State-Owned
Enterprises in the procurement of goods and services entails corrupt practices
and therefore does not guarantee a fair and competitive business environment
in Indonesia. the study also reveals that there is corruption within the
procurement of goods and services by State-Owned Enterprises in Indonesia. | en_US |
| dc.publisher | Inderscience Publishers | en_US |
| dc.subject | direct appointment; procurement; state-owned enterprises; SOEs; unfair competition; tender; Indonesia | en_US |
| dc.title | DIRECT APPOINTMENT OF STATE-OWNED ENTERPRISES IN THE PROCUREMENT OF GOODS AND SERVICES | en_US |
| dc.title.alternative | unfair competition in tender in Indonesia | en_US |
| dc.type | Article | en_US |
