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Penerapan Sanksi Daftar Hitam Pengadaan Barang/Jasa Pemerintah Dalam Perspektif Penegakan Hukum Persaingan Usaha, Gleshya Regita Putri My Made Dec 2022

Penerapan Sanksi Daftar Hitam Pengadaan Barang/Jasa Pemerintah Dalam Perspektif Penegakan Hukum Persaingan Usaha, Gleshya Regita Putri My Made

"Dharmasisya” Jurnal Program Magister Hukum FHUI

The authority to impose blacklisting sanction, particularly in terms of the procurement of government goods/services stipulated in Presidential Regulation 16/2018 and LKPP Regulation 17/2018 may only be exercised by the Budget User (Pengguna Anggaran/”PA”)/Authorized Budget (Kuasa Pengguna Anggaran/”KPA”). Neither the said regulations do also clearly state that the Business Competition Supervisory Commission (Komisi Pengawas Persaingan Usaha/”KPPU”) has the authority to impose such blacklisting sanction in relation to the procurement of government goods/services. This research examines the authority of KPPU in imposing blacklisting sanction against business practitioner who are proven violating business competition law and …


Administrative Discretion In The Award Of Federal Contracts, Arthur S. Miller Apr 1955

Administrative Discretion In The Award Of Federal Contracts, Arthur S. Miller

Michigan Law Review

For our present purposes, the point to be seen is that while this article is inquiring into the question of choice of contractor, the government is largely in control of the other chief attribute of traditional liberty of contract: the terms and conditions of the contract itself. We may thus summarize a first conclusion in the inquiry under consideration in this manner: the government is under no restraint as to many of the terms and conditions of its contracts and may impose those conditions it deems necessary. These are imposed as a result of a statute (an example of …