SITI DHUROTUN MUNIROH, THE INDICATION OF UNFAIR…., PP. 78 - 93
THE INDICATION OF UNFAIR BUSINESS COMPETITION PRACTICE
IN THE IMPLEMENTATION OF PUBLIC PROCUREMENT AUCTION
USING E-TENDERING
SITI DHUROTUN MUNIROH
Law Officer at CV Banjarsari in Banyumas Regent
Central Java, Indonesia, 50229
Email: dhurotunsiti@yahoo.com
UBAIDILLAH KAMAL
Faculty of Law State University of Semarang
Building K Sekaran, Gunungpati, Semarang
Central Java, Indonesia, 50229
Email: ubaidillahkamal@mail.unnes.ac.id
Abstract
Public Procurement or E-Procurement is one of the efforts to improve the quality
of public services. Implementation of Public Procurement electronically at
auctions is conducted through E-Tendering. Though it has been arranged with
clear legal rules, there were still deviations in conducting the auctions of Public
Procurement. One of the Ministry that organizes the auctions of Public
Procurement through E-Tendering is the Regional Office of Ministry of Justice
and Human Rights of Central Java. The researcher conducted a juridical study on
the auctions of Public Procurement through E-Tendering with the research
questions as follows: (1) How is the implementation of auctions of Public
Procurement through E-Tendering at the Regional Office of Ministry of Justice
and Human Rights of Central Java? (2) How is the indication of unfair
competition practice done in the auction of Public Procurement through E-
Tendering at the Regional Office of Ministry of Justice and Human Rights of
Central Java? This research was Qualitative research based on empirical-juridical
legal research approach. The results showed that the implementation process of
the auctions of Public Procurement through E-Tendering in Procurement Services
Unit (ULP) Regional Office of Ministry of Justice and Human Rights of Central
Java has been in accordance with the Presidential Regulation Number 54 Years
2010 along with the changes and with the Chief of Department of Public
Procurement Policies (LKPP) Regulation Number 1 Year 2015 about E-
Tendering. Besides, the implementation of auctions of Public Procurement
through E-Tendering on Procurement Services Unit (ULP) Regional Office of
Ministry of Justice and Human Rights of Central Java has ever happened a
horizontal conspiracy.
Keywords: Indication of Unfair Competition Practice, Auctions of Public
Procurement, E-Tendering.
mailto:dhurotunsiti@yahoo.com
mailto:ubaidillahkamal@mail.unnes.ac.id
79 JOURNAL OF PRIVATE AND COMMERCIAL LAW VOLUME 2 NO. 2, NOVEMBER 2018
INTRODUCTION
The Organization of public procurement is done electronically or so-called
E-Procurement. It is in accordance with the Presidential Regulations Number 54
of the year 2010 as a manifestation of the reformation in organizing the public
procurement. The system of E-Procurement or public procurement electronically
is believed as an instrument for the realization of good governance and public
services as it will increase cost-efficiency, effectiveness, faster cycle time,
improve the transparency of auction packages, provide better public monitoring,
improve healthy competition, and increase government accountability. After the
establishment of this system, the country's expenditure in terms of public
procurement is predicted that it can be pressed until forty trillion per annum
1
.
Besides, these regulations are used to reduce the country’s losses in the process of
public procurement
2
.
Public procurement electronically or E-Procurement is required by agency/
government institution that use partially or wholly sources is obtained from State
Budget (APBN) or Local Government Budget (APBD) in the implementation of
the public procurement. E-Procurement is essentially created as a system of
prevention of the occurrence of fraud in the public procurement.
However, the regulation has undergone refinement and improvement of the
system of auctions on the public procurement, there are still opporunity to engage
in the practice of fraud that can lead to unhealthy business competition. It is in the
form of conspiracy. Conspiracy is a partnership between two or more parties
which act together to violate the law
3
.
4
It is contrary to the Presidential
Regulations Number 54 of the year 2010 on the Public Procurement which
mandates that one of the purposes of Public Procurement electronically is to
increase healthy business competition.
1
Hardiyansyah, 2011, Kualitas Pelayanan Publik (Konsep, Dimensi, Indikator dan
Implementasinya), Yogyakarta: Gava Media, page 12.
2
http://www.bppk.kemenkeu.go.id/publikasi/artikel/147-artikel-anggaran-dan-perbendaharaan/
19919-persekongkolan-dalam-perspektif-pengadaan-barang-jasa-pemerintah on 9th March
2018, 09.00 WIB.
3
Pedoman Pasal 22 Tentang Larangan Persekongkolan dalam Tender, (Komisi Pengawas
Persaingan Usaha, 2009), page 16.
SITI DHUROTUN MUNIROH, THE INDICATION OF UNFAIR…., PP. 78 - 93
Due to the existence of conspiracy either horizontally or vertically in the
implementation of auctions through E-Tendering held among agency/government
institutions, there should be anticipation or prevention efforts undertaken by the
Procurement Services Unit (ULP) as the government organizational units who has
duty in carrying out Public Procurement. It is also done by the Regional Office of
the Ministry of Justice and Human Rights of Central Java as one of the
agencies/government institutions using State Budget (APBN) in financing the
Public Procurement. Based on the backgrounds above, the research problems are
as follows: (1) how the process of auction implementation of Public Procurement
through E-Tendering on the Procurement Services Unit at the Regional Office of
the Ministry of Justice and Human rights of Central Java? (2) How is the
indication of unhealthy business competition practice at the auction of Public
Procurement through E-Tendering on the Procurement Services Unit at the
Regional Office of the Ministry of Justice and Human Rights of Central Java?
RESEARCH METHODS
The research methods used were empirical juridical legal research methods.
Empirical legal research is a legal research to obtain data from primary data or
directly from the community
4
. The types and source of data that used are primary
and secondary data. The data sources used in this research was the primary data
obtained from interviews with respondents and informants, and secondary data
used was documentation and library research. Technique examination of data
validity in this research use technique triangulation. Techniques of data analysis
use qualitative analysis techniques with interactive models owned by Miles and
Huberman.
RESULTS AND DISCUSSION
The implementation of public procurement auction through E-Tendering on
the Procurement Services Unit (ULP) at the Regional Office of the Ministry
of Justice and Human Rights of Central Java
In 2010, the Regional Office of the Ministry of Justice and Human Rights of
Central Java has been implementing E-Procurement. It has just been run on the
4
Soemitro R. Hanitijo, 1985, Metode Penelitian Hukum, Jakarta: Ghalia Indonesia, page. 24.
81 JOURNAL OF PRIVATE AND COMMERCIAL LAW VOLUME 2 NO. 2, NOVEMBER 2018
stage of the Election Announcement of the Goods and Services Provider, while
the whole stages of public procurement is still done manually. It can implement
the public procurement electronically or E-Procurement for the whole stages in
2011.
It is due to the period of transition from the manual to electronic process of Public
Procurement or E-Procurement which is still limited for the ability of human
resources, technology, and infrastructure owned.
Each Ministry/Agency/Regional Work Unit/Institution are required to have
a Procurement Services Unit (ULP) which can provide services/coaching in the
areas of Public Procurement. Up to now, the Procurement Services Unit (ULP) at
the Regional Office of Ministry of Justice and Human Rights of Central Java is
still ad hoc in nature. As a result, the staff of Procurement Services Unit (ULP) is
still under the other divisions of the Agency. It is because the lack of human
resources and budget which makes it rather difficult to be permanent.
Public Procurement electronically or E-Procurement can be done with E-
Tendering or E-Purchasing. E-Tendering is used to select the Goods and Services
Provider which is being performed openly and followed by all Goods and
Services Provider listed in the electronic procurement system by way of
conveying one time deals in specified time. E-Purchasing is used to purchase
goods/services through electronic catalog system.
The selection of Goods and Services Provider through E-Tendering is done
by the Procurement Services Unit (ULP) division. For the permanent Procurement
Services Unit (ULP), the staffs are divided into some divisions such as Goods
Procurement, Construction Work Procurement, Consultation Service
Procurement, and other Service procurement. The functional staffs of public
procurement who own competencies of procurement could gather in a place with
special auth related to each division and can concentrate on the process of public
procurement services according the their competencies. Hence, the staffs of
Procurement Services Unit (ULP) are not bothered by the events outside each auth
respectively. Whereas, on the non-permanent Procurement Services Unit (ULP),
the staffs have not been divided. In addition, for ad-hoc Procurement Services
SITI DHUROTUN MUNIROH, THE INDICATION OF UNFAIR…., PP. 78 - 93
Unit (ULP) staffs, they are still under the other divisions on related institutions, so
that the public procurement functional staffs can focus to take care of the public
procurement activities and the other activities related. Although the ad hoc
Procurement Services Unit (ULP) staffs in nature are allowed to double the post,
they cannot fill the position of Commitment Maker Official (PPK)
(Treasurer/verifier/Payment Instruction Signatory Officer) in either one same
Procurement Package or another Procurement Package. It is in accordance with
the provisions of article 17 paragraph (7) Presidential Regulations Number 54 of
the year 2010.
The system changes on the process of Public Procurement from manual to
electronic process can be associated with the theory of law as a tool of social
engineering conceived by Roscue pounds. According to Pound, law is created and
used as a tool/instrument of social engineering to encourage and create changes in
the community. Therefore, law is required to modify the behaviors/attitudes of the
community in order to behave in accordance with the goals set. With the existence
of the Presidential Regulations Number 54 of the year 2010 along with the
changes aims to change the behavior of the parties involved in the auction of the
Public Procurement in order to reach the proper purposes of Public Procurement
electronically.
In Article 107 of Presidential Regulations Number 54 of the year 2010
along with the changes, there are five purposes of the existence of Public
Procurement electronically as the following:
a. Increase transparency and accountability
b. Improve market access and healthy business competition
c. Improve the level of efficiency of the procurement process
d. Support the process of monitoring and audit
e. Fulfill the needs of real time access to information
These purposes are realized by the existence of SPSE applications which is
connected to all ministries/agencies/local governments/agencies that do an auction
of public procurement through E-Tendering. The initial step of the auction
implementation process is by uploading a General Draft of Public Procurement
83 JOURNAL OF PRIVATE AND COMMERCIAL LAW VOLUME 2 NO. 2, NOVEMBER 2018
(RUP) through SiRUP by Budget User (PA) or Proxy of Budget User (KPA) until
the contract of the auction results are also uploaded on the SPSE application based
on the specified schedule. In addition, SPSE application is accessible publicly at
all times.
In line with the implementation of public procurement through E-Tendering
can be associated with Social Justice Theory expressed by John Rawls. He
declares that there are 2 (two) principle of Justice, namely the difference principle
and the principle of fair equality of opportunity. The different principle means that
the social and economic differences should be set up to provide the most benefit
to those who are most disadvantaged
5
. While, the principle of fair equality of
opportunity means that everyone has the same rights to the most widespread basic
freedom and be compatible with the other similar freedoms
6
.
If the implementation of public procurement auction is associated with the
theory of Social Justice expressed John Rawls, it creates opportunities and access
for the implementation of public procurement auction through E-Tendering
toward all Goods and Services Provider to participate in the auction of public
procurement that exists in all regions of Indonesia. It is proved by the existence of
SPSE application as a means for SPSE auction organizers and Goods and Services
Provider to implement the auction in accordance with the stages that have been
arranged, so the Goods and Services Provider located outside the areas/regions
where an agency held auctions can get information and be able to register without
having to come first to the agencies concerned. It proves that the auction
implementation of the public procurement through E-Tendering manifests the
principle of fair equality of opportunity where any competent goods/services
Goods and Services Provider can follow the auction without the any
discrimination.
In addition, the implementation of public procurement auction through E-
Tendering embodies the difference principle. Before the existence of Presidential
5
Damanhuri Fatah, Teori Keadilan Menurut John Rawls, Jurnal TAPIs Volume 9 No.2 Juli-
Desember 2013, page. 35.
6
Pan Mohammad Faiz, Teori Keadilan John Rawls. Jurnal Konstitusi, Volume 6, Nomor 1,
April 2009, page. 141 .
SITI DHUROTUN MUNIROH, THE INDICATION OF UNFAIR…., PP. 78 - 93
Regulations Number 54 of the year 2010, the implementation of public
procurement auction is still done manually so that access to information on the
implementation of public procurement auction is still limited, which makes the
participants are only those parties who have extensive connections in some
government institutions. As for providers that have no or few connections will
rarely get information about the implementation of the auction. Hence, the
opportunity to participate in the public procurement is minimal.
The implementation of public procurement auction through E-Tendering is surely
with obstacles or constraints. The biggest obstacle being experienced is still a bit
number of the Procurement Services Unit (ULP) staffs and Electronically
Procurement Services (LPSE) staffs who has already been competent and had
certification. In addition, ad-hoc Procurement Services Unit (ULP) staffs, they are
still under the other divisions on related institutions so that almost all the staffs
have double post, which makes the Procurement Services Unit (ULP) staffs
cannot only focus on the public procurement. Electronically Procurement Services
(LPSE) is also still temporary because the staffs are still under the other divisions
on related institutions. It causes not all disruption on a SPSE and LPSE network
applications can be fixed though there are some disruption on SPSE application
can be fixed by Electronically Procurement Services (LPSE) available.
So it is expected that the change of system in public procurement auction
that were previously done through manual and become through electronic ought
to be offset by the changes in abilities and capabilities of the parties involved in
auction of public procurement through electronic especially the staffs on
Procurement Services Unit (ULP) and Electronically Procurement Services
(LPSE) divisions. In addition, the implementation of auction of public
procurement through E-Tendering needs to be supported by adequate
infrastructure and facilities. It is expected to support the auction of public
procurement and can minimize the presence of constraints, obstacles and
irregularities which may happen.
85 JOURNAL OF PRIVATE AND COMMERCIAL LAW VOLUME 2 NO. 2, NOVEMBER 2018
Indication of Unhealthy Business Competition in the implementation of
Public Procurement Auction in Procurement Services Unit (ULP) of
Regional Office of Ministry of Justice and Human Rights Central Java
Government through National Procurement Board (LKPP) is trying to
improve the equitable procurement systems through E-Procurement method, but
still found the procurement of goods and/or services in collusive way either
vertical which involving committee or horizontal among participants of the tender
(bidder). One form of action that may lead to unhealthy competition is a
conspiracy in the tender. The conspiracy in public procurement auction can be
distinguished into three types, as follows:
8
a. Horizontal Conspiracy, is a conspiracy that happen between the provider of
goods and services with fellow rival provider of goods and services. This
conspiracy can be categorized as a conspiracy by creating artificial competition
among bidders.
b. Vertical Conspiracy, is a conspiracy that happen between one or more
providers of goods and services with the auction committee.
c. Joint Conspiracy, is a conspiracy combined vertical conspiracy and horizontal
conspiracy. A joint conspiracy is a conspiracy between the auction committee
and the providers of goods and services.
One of the efforts to prevent tender conspiracy is to keep the objectivity of
Division of Procurement Services Unit (ULP) in doing the evaluation of the bid.
On the page of SPSE application, it is just only written 1
st
Provider, 2
nd
Provider
and so on and without mentioning the name or address of the bidder. It is done so
that the results of the evaluation of the bid is \ in accordance with the applicable
provisions.
Division of Procurement Services Unit (ULP) of Regional Office of the
Ministry of Justice and Human Rights Central Java and Division of Procurement
Services Unit (ULP) of Universitas Negeri Semarang detect that there is an
indication of unhealthy business competition on the implementation of auction
procurement of goods/services at the time they did the evaluation of the bid with
the based on the explanation of article 83 of Presidential Regulation Number 70
SITI DHUROTUN MUNIROH, THE INDICATION OF UNFAIR…., PP. 78 - 93
Year 2012 that explains that the indication of conspiracy among providers of
goods/services must be complied at least 2 (two) of the indications below:
a. There are similarities in common technical documents, such as: working
method, materials, tools, technical approach analysis, unit price, and/or
specification of goods offered (brand/type) and/or technical support;
b. The entire bid is from the providers approcaching Owner Estimate (HPS);
c. There is participation of some goods/services Providers that are within 1 (one)
control;
d. There are similarities/errors in content of bid document, such as similarity/error
in typing, arrangement, and writing format;
e. Warranty of bid is removed from the same guarantor with consecutive serial
numbers.
On the Presidential Regulation Number 54 of the Year 2010 just regulates
forms of indication of indication of horizontal conspiracy only. This is because at
the explanation of Section 83 subsection (1) letter e Presidential Regulation
Number 70 Year 2012 only mention conspiracy between goods/services Providers
only. Whereas if it is viewed from the elaboration of section 22 of Constitution
No. 5 of year 1999 mentioned that the tender conspiracy can be in form of
horizontal conspiracy, vertical, conspiracy and joint conspiracy. So it is needed
the existence of arrangement which set up the indication of vertical conspiracy
and joint conspiracy. In addition, related to Guarantees of Bid in the
implementation of E-Tendering is no longer needed. This is in accordance with
section 109 subsection (7) Presidential Regulation number 4 Year 2015 and
section 4 subsection (1) letter a Regulation of National Procurement Board
(LKPP) Principal number 1 Year 2015 about E-Tendering. So the point of
indication of conspiracy related guarantee of the bid could not be imposed on
auction of public procurement through E-Tendering.
Indication of an unhealthy business competition above can only be found
when Division of Procurement Services Unit (ULP) is doing bid evaluation. If
Division of Procurement Services Unit (ULP) have known that there is any
indication of conspiracy between providers of goods/services, then Division of
87 JOURNAL OF PRIVATE AND COMMERCIAL LAW VOLUME 2 NO. 2, NOVEMBER 2018
Procurement Services Unit (ULP) will do clarification to the providers of
goods/services that was indicated having conspiracy. If the provider of the
goods/services is proved for having conspiracy, then the Division of Procurement
Services Unit (ULP) will dismiss their offer in the process of auction
procurement of goods/services. In addition, Division of Procurement Services
Unit (ULP) can propose goods/services providers that were proved for having
conspiracy, to the Proxy of Budget User (KPA) to be included into black list.
The dropping of the sanctions to the Blacklist to the providers of
goods/services that do conspiracy with other goods/services Providers under
section 3 subsection (2) letter b Regulation of National Procurement Board
(LKPP) Principal Number 18 years 2014 about Blacklisting in the Procurement of
Goods/Services of The Government. But in fact, Division of Procurement
Services Unit (ULP) only dismissed their bid alone and rarely proposed
goods/services providers that the conspiracy proven to Proxy of Budget User
(KPA) to be included into black list. The reason is if the goods/services Providers
have admitted their mistakes, apologize and have good intention, it is enough for
them to only dismiss the bid. In addition, the providers of the goods/services are
looking for income through their participation in the procurement of
goods/services. If the providers of the goods/services are on the blacklist, then it
just closes their livelihood. But if the goods/Services Providers proved fro having
conspiracy do not admit their fault, no apologize and do not have good intention,
then the new Division of Procurement Services Unit (ULP) will propose the
imposition of a black list to Proxy of Budget User (KPA) .
Sanction of the inclusion in the Blacklist is done during the 2 (two) years, so
for 2 (two) years the goods/services Providers, which are subjected to sanction of
the inclusion in the Blacklist, are not allowed to follow the process of
procurement of goods/services in all Ministries/Institutions/Local
Government/Agencies that exists throughout Indonesia.
On general provisions in conducting bid evaluation listed in Attachments of
Regulation of National Procurement Board (LKPP) Principal No. 6 Year 2012
about technical guide of the implementation of Presidential Regulation No. 70
SITI DHUROTUN MUNIROH, THE INDICATION OF UNFAIR…., PP. 78 - 93
Year 2012 mentions that if in the evaluation is found evidence of unhealthy
business competition and/or shared settings (collusion/conspiracy) between the
participants, the Procurement Service Unit (ULP) and/or Commitment Maker
Official (PPK), in order to win one of the participants, then:
a. The participant who is designated as the prospective winner and other
participants involved are included into the Black List;
b. Members of the Procurement Service Unit (ULP) and/or Commitment Maker
Official (PPK) involved in conspiracy is replaced, punished of administrative
sanction and/or criminal;
c. Evaluation process is still continued by setting of other participants which is
not involved (if any);
d. If there are no other participants as it means in number (2), then the auction is
declared failed.
Further, in section 118 subsection 1 letter (c) Presidential Regulation
Number 70 Year 2012 mentions that one of the deeds or actions of the
goods/services Providers which are penalized is doing conspiracy with other
providers of goods/services to set the bid price beyond the procedures of
implementation of the procurement of goods/services, so as to
reduce/inhibit/minimize and/or exclude the healthy competition and/or harm
others.
Sanctions imposed on the conspiracy laid out in section 118 Presidential
Regulation No. 70 of the year 2012 which stated that conspiracy horizontal is
penalized as follows:
a. Administrative Sanctions, done by Commitment Maker Official (PPK)/
division of Procurement Service Unit (ULP) /Procurement Officials.
b. The sanction of the inclusion in the Blacklist, performed by Budget User
(PA)/proxy of Budget User (KPA) after gaining input from Commitment
Maker Official (PPK)/ division of Procurement Service Unit
(ULP)/Procurement Officials.
c. In the civil Lawsuit.
d. Criminal Reporting to the authorities.
89 JOURNAL OF PRIVATE AND COMMERCIAL LAW VOLUME 2 NO. 2, NOVEMBER 2018
The above statement has indeed listed sanctions on both horizontal
conspiracy and vertical, conspiracy, and also joint conspiracy. But on presidential
regulation Number 70 Year 2012 just set an indication of the occurrence of an
unhealthy business competition in the form of horizontal conspiracy as a
benchmark of Division of Procurement Services Unit (ULP) to know of any
indication of the occurrence of an unhealthy business competition at the time of
the auction procurement of goods/services through E-Tendering.
In addition, the overthrow of the sanctions to the members of Procurement
Service Unit (ULP) and/or Commitment Maker Official (PPK) involved in
conspiracy has not been regulated in detail. So there have been no clear parties
determined by the designated constitution to impose sanctions to the persons of
members of Procurement Service Unit (ULP) and/or Commitment Maker Official
(PPK).
On the early implementation of E-Procurement, there was happened a case
of irregularities in the form of a conspiracy carried out by some providers of
goods/services in the Regional Office of Justice and Human Rights Central Java.
At the time, there is a provider of goods/services that are proven to do conspiracy
with other providers of goods/services. The conspiracy was discovered by
auditors of BPK while doing an audit towards the implementation of auction
procurement of goods/services. In that case, the audit of Indonesian Supreme
Audit Institution (BPK) finds the existence of serial number of warranty quote
consecutively and the same IP address between the goods/services provider with
other goods/services Provider used in log access to SPSE application on 1 (one)
the auction package at the time of the auction stages are still ongoing.
It is also ever experienced by the Universitas Negeri Semarang where in the
early of timplementation of the auction procurement of goods/services
electronically, there was a horizontal conspiracy happened. The case that
experienced is similar to the case of the Regional Office of Justice and Human
Rights Central Java, namely equality IP address between one provider of
goods/services with other providers of goods/services used in log access to SPSE
application. In this case, the providers of goods/services were indicated having
SITI DHUROTUN MUNIROH, THE INDICATION OF UNFAIR…., PP. 78 - 93
conspiracy namely the participation of some goods/services Providers that are
within one (1) control. So the conspiracy that is ever happened at the Regional
Office of Justice and Human Rights Central Java is horizontal conspiracy. The
effect of the conspiracy, the participation of such goods/services Providers was
dismissed by Division of Procurement Services Unit (ULP) . However, it is just
dismissed not included in the blacklist.
In the concept of Law as tool of social engineering that is addressed by
Roscoe Pound, law is tasked to organize interests that exist within the community
in order to achieve a proportional balance, although there is varied interest in the
community among human groups so that the details of the uncertain interests can
not be done
9
. Setting up the interests manifested in renewing the law related
auction procurement of Government goods/services.
If the setting related to the indication of unhealthy business competition
associated with the concept of Law as tool of social engineering, then it is needed
more detailed rules related to the indications of vertical conspiracy and joint
conspiracy. Because at the Presidential Regulation Number 54 Year 2010 along
with the changes just set horizontal conspiracy indications only and do not set
indication of vertical conspiracy and joint conspiracy that is used as a benchmark
the existence of an unhealthy business competition on the implementation of
public procurement auction. So it is expected not only the participants of the
auction which followed the implementation of the public procurement auction
according to the rules, but the auction committee behavior also follows the the
implementation of the public procurement auction according to existing rules.
In addition, it needs for more decisive and detailed arrangements related the
imposition of sanctions to the person of auction Committee who did the vertical
conspiracy or joint conspiracy. Because at the Presidential Regulation Number 54
Year 2010 along with the changes has not yet set up the sanctions that would be
imposed and authorities who give sanctions in case of vertical conspiracy or joint
conspiracy.
With the rules concerning the indication of the horizontal conspiracy,
vertical conspiracy, and joint conspiracy will certainly change the behavior and
91 JOURNAL OF PRIVATE AND COMMERCIAL LAW VOLUME 2 NO. 2, NOVEMBER 2018
mindset of the bidder and the auction Committee in order to promote
professionalism and leave the behavior and mindset used to be that still do
everything with Collusion, corruption and Nepotism (KKN).
CONCLUSION
The implementation of Public Procurement auction of Procurement Service
Unit (ULP) of Ministry of Justice and Human Rights Central Java Office held
through E-Tendering is in accordance with Presidential Regulation Number 54
year 2010 along with the changes and Regulation of National Procurement Board
(LKPP) Principal No. 1 year 2015 about E-Tendering. The implementation of the
public procurement auction through E-Tendering changes the pattern of stages of
procurement of goods/services that were previously done manually into electronic
applications by utilizing the SPSE application as the facility. On the
implementation of public procurement auction through E-Tendering, Division of
Procurement Services Unit (ULP) has detected indications of unhealthy business
competition at the time of the bid evaluation with the Explanation based on
Article 83 of Presidential Regulation Number 70 Year 2012. During the
implementation of public procurement auction through E-Tendering is conducted
in regional offices of the Ministry of Justice and Human Rights Central Java has
ever detected any indication of conspiracy in the form of the existence of the
participation of some goods/Services Providers within 1 (one) the control and bid
guarantee of the same guarantor with consecutive serial numbers.
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2012 tentang Perubahan Kedua Atas Peraturan Presiden Nomor 54 Tahun
2010 tentang Pengadaan Barang/Jasa Pemerintah.
Journals
Faiz, Pan Mohamad. 2009. Teori Keadilan John Rawls. Jurnal Konstitusi, Volume
6, Nomor 1, April.
Fatah, Damanhuri. 2013. Teori Keadilan Menurut John Rawls, Jurnal TAPIs
Volume 9 No.2 Juli-Desember.
Supianto. 2013. Pendekatan Per Se Illegal Dan Rule Of Reason Dalam Hukum
Persaingan Usaha di Indonesia. Jurnal Rechtens, Vol. 2, No. 1, Juni.
Websites
93 JOURNAL OF PRIVATE AND COMMERCIAL LAW VOLUME 2 NO. 2, NOVEMBER 2018
http://www.bppk.kemenkeu.go.id/publikasi/artikel/147-artikel-anggaran-dan-
perbendaharaan/19919-persekongkolan-dalam-perspektif-pengadaanbarang-
jasa-pemerintah (11/8/2017, 18:30 WIB).
http://www.bppk.kemenkeu.go.id/publikasi/artikel/147-artikel-anggaran-dan-perbendaharaan/19919-persekongkolan-dalam-perspektif-pengadaanbarang-jasa-pemerintah
http://www.bppk.kemenkeu.go.id/publikasi/artikel/147-artikel-anggaran-dan-perbendaharaan/19919-persekongkolan-dalam-perspektif-pengadaanbarang-jasa-pemerintah
http://www.bppk.kemenkeu.go.id/publikasi/artikel/147-artikel-anggaran-dan-perbendaharaan/19919-persekongkolan-dalam-perspektif-pengadaanbarang-jasa-pemerintah