TINJAUAN KONTRAK PENGADAAN BARANG/JASA PEMERINTAH MENURUT HUKUM PERDATA
The aims of this research is to analyze and discuss about the legality of public goods and services procurement contract based on Burgerlijk Wetboek and to analyzed the legal impact if there is wanprestasi by the parties in the public goods and services procurement contract. This research used the n...
| Main Authors: | , |
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| Format: | Thesis |
| Published: |
[Yogyakarta] : Universitas Gadjah Mada
2013
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| Subjects: |
| _version_ | 1797033699572711424 |
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| author | , Zulkifli , Dwi Haryati, S.H., M.H. |
| author_facet | , Zulkifli , Dwi Haryati, S.H., M.H. |
| author_sort | , Zulkifli |
| collection | UGM |
| description | The aims of this research is to analyze and discuss about the legality of
public goods and services procurement contract based on Burgerlijk Wetboek and
to analyzed the legal impact if there is wanprestasi by the parties in the public
goods and services procurement contract.
This research used the normative approach (doctrinal) and its is legal
research based on literature review which has descriptive characterictic. The data
that had been used is secondary data that consists of primary legal sources,
secondary or even tertiary legal sources and coped the literature review through
books, regulations and the previous research. The data analyzing technique is
using the documented study. Data that has been obtained will be analyzed
qualitatively.
Based on the research, there are some findings: (1) The legality of public
goods and services procurement contract has to be reflected on Article 1320 BW,
although Perpres No. 54/ 2010 juncto Perpres No. 70/ 2012 are regulated about
the legality in an advance way. As long as the contract has fulfilled the
requirements in that Perpres, so automatically its also fulfilled the substances of
Article 1320 BW. (2) Wanprestasi that has been done by the parties will be
impacted the penalty for those who made it. One of the impact from wanprestasi
of providers beside the compensation is the breach of contract by one party (in
this case the Pejabat Pembuat Komitmen or Commitmnet Officer). BW regulates
the breach of contract because of wanprestasi should be by the judge�s decision
(Article 1266). Although the Perpres No.70/2012 about the Public Goods and
Services Procurement in Article 93 give spaces for PPK to breach the contract on
their side if the providers did wanprestasi. This is quite different with Article
1266 BW, but it could be implemented as long as the parties agreed the clausul
which mentioned about the breach of contract, which means, the Pejabat Pembuat
Komitmen or Commitment Officer and Providers agreed to ignore the Article
1266 BW. This is an implementation of contract principle that regulated in Article
1388 BW. |
| first_indexed | 2024-03-13T22:58:27Z |
| format | Thesis |
| id | oai:generic.eprints.org:122103 |
| institution | Universiti Gadjah Mada |
| last_indexed | 2024-03-13T22:58:27Z |
| publishDate | 2013 |
| publisher | [Yogyakarta] : Universitas Gadjah Mada |
| record_format | dspace |
| spelling | oai:generic.eprints.org:1221032016-03-04T08:44:57Z https://repository.ugm.ac.id/122103/ TINJAUAN KONTRAK PENGADAAN BARANG/JASA PEMERINTAH MENURUT HUKUM PERDATA , Zulkifli , Dwi Haryati, S.H., M.H. ETD The aims of this research is to analyze and discuss about the legality of public goods and services procurement contract based on Burgerlijk Wetboek and to analyzed the legal impact if there is wanprestasi by the parties in the public goods and services procurement contract. This research used the normative approach (doctrinal) and its is legal research based on literature review which has descriptive characterictic. The data that had been used is secondary data that consists of primary legal sources, secondary or even tertiary legal sources and coped the literature review through books, regulations and the previous research. The data analyzing technique is using the documented study. Data that has been obtained will be analyzed qualitatively. Based on the research, there are some findings: (1) The legality of public goods and services procurement contract has to be reflected on Article 1320 BW, although Perpres No. 54/ 2010 juncto Perpres No. 70/ 2012 are regulated about the legality in an advance way. As long as the contract has fulfilled the requirements in that Perpres, so automatically its also fulfilled the substances of Article 1320 BW. (2) Wanprestasi that has been done by the parties will be impacted the penalty for those who made it. One of the impact from wanprestasi of providers beside the compensation is the breach of contract by one party (in this case the Pejabat Pembuat Komitmen or Commitmnet Officer). BW regulates the breach of contract because of wanprestasi should be by the judge�s decision (Article 1266). Although the Perpres No.70/2012 about the Public Goods and Services Procurement in Article 93 give spaces for PPK to breach the contract on their side if the providers did wanprestasi. This is quite different with Article 1266 BW, but it could be implemented as long as the parties agreed the clausul which mentioned about the breach of contract, which means, the Pejabat Pembuat Komitmen or Commitment Officer and Providers agreed to ignore the Article 1266 BW. This is an implementation of contract principle that regulated in Article 1388 BW. [Yogyakarta] : Universitas Gadjah Mada 2013 Thesis NonPeerReviewed , Zulkifli and , Dwi Haryati, S.H., M.H. (2013) TINJAUAN KONTRAK PENGADAAN BARANG/JASA PEMERINTAH MENURUT HUKUM PERDATA. UNSPECIFIED thesis, UNSPECIFIED. http://etd.ugm.ac.id/index.php?mod=penelitian_detail&sub=PenelitianDetail&act=view&typ=html&buku_id=62203 |
| spellingShingle | ETD , Zulkifli , Dwi Haryati, S.H., M.H. TINJAUAN KONTRAK PENGADAAN BARANG/JASA PEMERINTAH MENURUT HUKUM PERDATA |
| title | TINJAUAN KONTRAK PENGADAAN BARANG/JASA
PEMERINTAH MENURUT HUKUM PERDATA |
| title_full | TINJAUAN KONTRAK PENGADAAN BARANG/JASA
PEMERINTAH MENURUT HUKUM PERDATA |
| title_fullStr | TINJAUAN KONTRAK PENGADAAN BARANG/JASA
PEMERINTAH MENURUT HUKUM PERDATA |
| title_full_unstemmed | TINJAUAN KONTRAK PENGADAAN BARANG/JASA
PEMERINTAH MENURUT HUKUM PERDATA |
| title_short | TINJAUAN KONTRAK PENGADAAN BARANG/JASA
PEMERINTAH MENURUT HUKUM PERDATA |
| title_sort | tinjauan kontrak pengadaan barang jasa pemerintah menurut hukum perdata |
| topic | ETD |
| work_keys_str_mv | AT zulkifli tinjauankontrakpengadaanbarangjasapemerintahmenuruthukumperdata AT dwiharyatishmh tinjauankontrakpengadaanbarangjasapemerintahmenuruthukumperdata |