Unfair Business Competition Practices In Tenders For Governmen Procurement

Abstract

Government procurement has an important role in the implementation of national development and is one of the means of driving the wheels of the economy for the welfare of the Indonesian people. Tender is a method used to carry out government procurement. In addition to aiming to obtain goods and services that meet the desired specifications at affordable prices, the tender aims to facilitate business actors participating in government procurement to compete fairly. However, in the implementation of tenders, it is unavoidable that there will be unfair business competition by means of tender conspiracy, so that it can be detrimental to the Government as the organizer and Business Actor participating in the tender. This is proven in the decisions of the Unfair Competition Supervisory Commission for the period 2019-2021 as many as 16 decisions regarding alleged violations of Article 22 of Law no. 5 of 1999 concerning the Prohibition of Monopolistic Practices and Unfair Business Competition. Through normative juridical research, this research examines the decision of the Unfair Competition Supervisory Commission for the 2019-2021 period.