scholarly journals Tinjauan Atas Kesiapan Kementerian Pekerjaan Umum Dan Perumahan Rakyat Terkait Keikutsertaan Indonesia Dalam Government Procurement Agreement (GPA)

2016 ◽  
Vol 2 (2) ◽  
pp. 441465
Author(s):  
Aryo Hestuleksono
Keyword(s):  
International Law ◽  
Market Access ◽  
Government Procurement ◽  
Public Works ◽  
Construction Sector ◽  
Foreign Companies ◽  
Goods And Services ◽  
The Government ◽  
Construction Services ◽  
The Relationship

<p><strong><em>Abstarct</em></strong></p><em>Basically ratification of the GPA for Indonesia is the opening of the Indonesian market (market access) to the entrepreneur/companies from other countries, which means allowing entrepreneur/foreign companies to participate in the process of procurement of goods and services (PBJ) government in Indonesia. Similarly, the reverse with Indonesian companies. The existence of market acess makes the relation between national with international law. This is a reason of  authors are interested to know further the relationship conformity with international law related to the readiness of the national Ministry of Public Works and Public Housing (PUPR) when Indonesia ratified the GPA views of the setting methods for selecting/ auction in the construction sector in national legislation. The method used is a normative juridical research and the purpose of research to give recommendation to the Ministry PUPR particularly regarding setting methods for selecting the procurement of construction services when Indonesia ratified the GPA. If viewed from the side PBJ arrangements in the Government in the field of construction, especially regarding the purpose, principles and method of election of, the results showed that Ministry PUPR not ready when Indonesia ratified the GPA, because there is a difference between setting purpose PBJ contained in Perpres No. 54/2010 and its amendments as well as Permen PU No 07/2010 and amendments that more give protection to national companies, while GPA has the open principle. In addition there are differences about the method of selecting good views of the types/forms (nomenclature) and its meaning. So that when Indonesia will ratify the GPA, the Government and the Ministry PUPR in particular need to make adjustments to the "purpose" of regulation PBJ as contained in the Perpres/Permen PU with "purpose" contained in the GPA. Similarly, adjustments to the forms (nomenclature) and the meaning of the audition method.</em>

Ökologische Aspekte im öffentlich-rechtlichen Beschaffungswesen

2021 ◽  
Author(s):  
Felix Steengrafe
Keyword(s):  
International Law ◽  
Public Procurement ◽  
German Law ◽  
Government Procurement ◽  
Environmental Concerns ◽  
European Law ◽  
Environmental Criteria ◽  
The Government ◽  
Model Law ◽  
The Government Procurement

The awarding of public contracts is of considerable economic importance and for this reason can be used to promote environmental concerns. The present work examines whether environmental criteria may be taken into account in the context of public procurement. To answer this question, the Government Procurement Agreement and the UNICTRAL Model Law on Public Procurement are considered at the level of international law. In European law, the primary as well as the relevant secondary law requirements and, in German law, the Cartel and Budget Procurement Law are assessed. This analysis also includes the interactions between the three levels.

Trustworthy Government and Legitimating Beliefs

2019 ◽  
pp. 362-384
Author(s):  
Margaret Levi
Keyword(s):  
Decision Making ◽  
State Building ◽  
The Other ◽  
Sufficient Condition ◽  
Goods And Services ◽  
Moral Economies ◽  
The Government ◽  
The Relationship ◽  
Advanced Democracies

A trustworthy government is one that keeps its promises (or has exceptionally good reasons why it fails to), is relatively fair in its decision-making and enforcement processes, and delivers goods and services. A legitimate government is one that appeals to widely accepted justifications for its selection, maintenance, and policies. Investigations across history and countries reveal that the more trustworthy the government, the more likely it is to evoke observation of its laws and acquiescence to policies. Less clear is the link between perceptions that government is trustworthy and beliefs that it is legitimate, at least in countries claiming or trying to be democratic. Being trustworthy in practices and outcomes may contribute to perceptions of government legitimacy. However, trustworthiness is, at best, a necessary but not sufficient condition for legitimating beliefs. This chapter explores the relationship between the trustworthiness of government and its legitimacy by considering cases from both advanced democracies and state-building efforts. It argues that current democracies may need to refashion their moral economies—the extra-market reciprocal rights and obligations that link populations, governments, corporations, and all the other various organizations that make up the society—if they are to reestablish strong grounds for legitimacy.

Axiological Approach in International Law

2015 ◽  
Vol 3 (10) ◽  
pp. 0-0
Author(s):  
Елена Рафалюк ◽  
Elena Rafalyuk
Keyword(s):  
International Law ◽  
Regional Integration ◽  
Common Good ◽  
Regional Cooperation ◽  
Legal Consciousness ◽  
Classical Approach ◽  
Goods And Services ◽  
Political Relations ◽  
The Government ◽  
Definition Of

The article is devoted to the study of the question of the values of international law, in particular the value of regional integration and cooperation of states. The author analyzes the approaches to the definition of value in terms of the classical approach (“Value as a property of the valued object or as a sample on the basis of which the evaluation shall be made”) and non-classical approach (“The relationship between the object and the statement of what should be an object”). The article discusses the formation of axiology and contribution to its development of R. G. Lotze, V. Windelband, G. Rickert, P. G. Natorp. It is expressed the idea that any axiological analysis should be cultural-historical, because the relation to human values were and remain different in different periods of human history. The author notes that international law is based on the universally valid for all mankind values. They are reflected in the generally recognized principles of international law, customary international law, the universal conventions and declarations. The government and the international community were recognizing gradually the universally significant values. The crisis of international political relations at the present stage threatens the existence of fundamental principles of international law and the values protected by them. However, with the development of globalization, we can talk about the formation of new values — the regional cooperation of states for the achievement of the common good. States are forced to participate in regional integration projects in order to be able to confront the challenges of globalization and to trade with other countries in terms of global competition. The value of integration is gradually “wires” in life through activities of bodies and international officials of interstate integration associations. However the principles of regional integration and cooperation, which include liberalization of the market, free movement of goods and services, non-discrimination of participants trade, are not always clearly interpreted and applied by supranational courts; some basic guidelines are only produced. The interaction of states should be based on common elements of the legal culture, as well as on the idea of the unity of kindred peoples laid down in the legal consciousness. Otherwise integration projects may not enjoy the support of the citizens.

scholarly journals PENGARUH PENERAPAN GOOD GOVERNANCE DALAM E-PURCASHING TERHADAP PENCEGAHAN KORUPSI

2019 ◽  
Vol 45 (1) ◽  
pp. 47-62
Author(s):  
Lati Praja Delmana
Keyword(s):  
Conceptual Framework ◽  
Cultural Values ◽  
Good Governance ◽  
Government Procurement ◽  
Strategic Objectives ◽  
Goods And Services ◽  
Electronic Procurement ◽  
Controlling Variables ◽  
The Government ◽  
Internal Supervision

Cases of corruption in Indonesia, especially in the sector of government procurement of goods and services, continue to increase every year. The government has reduce the rate of corruption in the procurement through electronic procurement. But the reality of corruption is still increasing. The authors are interested in building a conceptual framework for good governance and incorporating elements of local culture in electronic procurement to reduce corruption. The principle of good governance in electronic procurement can prevent corruption by applying the principles of participation, transparency, responsiveness, effectiveness, efficiency, equity, strategic objectives, accountability and local cultural values. The purpose of this research is to get a clear and measurable conceptual framework in reducing corruption in government procurement of goods and services. This research method is to use literature review with content analysis. The results of this study are that corruption can be reduced by using electronic procurement if it uses the principles of good governance and there are controlling variables, namely internal supervision, law enforcement and improvement of facilities, infrastructure, leadership commitment and improvement of human resources to carry out electronic procurement according to the rules. 

scholarly journals Prinsip Tanggung Gugat Dari Profesi Perencana terhadap Kegagalan Pekerjaan Jasa Konstruksi Jalan Tol

2014 ◽  
Vol 10 (20) ◽  
Author(s):  
Ari Purwadi
Keyword(s):  
Government Procurement ◽  
Procurement Auctions ◽  
Conceptual Approach ◽  
Freedom Of Contract ◽  
Toll Road ◽  
Consulting Services ◽  
The Government ◽  
Business Entities ◽  
Work Done ◽  
Construction Services

Abstract. The existence of the Indonesia Toll Road Authority, the authority in charge of the implementation of toll roads in Indonesia is expected to promote the establishment of the acceleration of the implementation of the toll road involving business entities. Binding of construction employment between users and providers of construction services construction services performed by establishing a construction contract. Issues that arise in the construction planner service is legal responsibilities as a professional on quality service their professionalism. This legal research using statute approach and the conceptual approach. Characteristics of the concession is a government contract, the contract between Indonesia Government and the toll road business entities, so that the relations with the toll road business entities are private relationship. The use of freedom of contract principle in government contracts has been limited, namely in government procurement auctions work done through toll road engineering planning services, where tender documents are included in the contract document, as it relates to toll road infrastructure with investments that very large to serve the public interest. Professional responsibility in the form of consulting the profession is responsibility based on profession standards (professional ethics), liability under the law, and responsibility based on scientific techniques standards. Responsibility based on scientific technique standards involves the government to form a team of experts in determining whether there is fault or not fault on consulting services. Legal liability using liability based on fault. In order to balance the elements of proof fault, it is advisable to revise the rules of the principle liability based on fault become presumption of liability principle.Keywords : liability, planners, toll road, building failures, failures construction . 

ENTREPRENEURSHIP AND THE LEGACIES OF A DEVELOPMENTAL STATE: SINGAPORE ENTERPRISES VENTURING ACROSS NATIONAL BORDERS

2008 ◽  
Vol 13 (04) ◽  
pp. 485-508 ◽  
Author(s):  
HEIDI DAHLES
Keyword(s):  
Developmental State ◽  
Entrepreneurial Activity ◽  
Foreign Markets ◽  
Domestic Firms ◽  
Foreign Companies ◽  
The Government ◽  
The 1960S ◽  
The Relationship ◽  
The City

This article aims at contributing to a more profound understanding of the relationship between the developmental state and private entrepreneurial activity, in particular the internationalization of business ventures. Based on ethnographic fieldwork in Singapore, this article attempts to identify the role of the Singapore developmental state in orchestrating the strategies of domestic firms establishing themselves in foreign markets. From the 1960s, the Singapore government has neglected small domestic firms — its legacy of the colonial past — for diverse economic and political reasons. Initially offsetting the influence of Western culture through the establishment of foreign companies, the government changed its tune, harnessing 'Asian' values and institutional norms to facilitate ventures into China. Altering between different legacies created ambivalence and shifting coalitions with foreign economies. Striking divergence from government directives has been found in the ways in which Singaporean firms go about when venturing across borders and, in particular, when drawing on the city state's legacies to give their ventures legitimacy and meaning. This divergence raises questions about the role of the Singapore state as the paragon of institutional legacy for its domestic businesses.

scholarly journals OWNERSHIP, TECHNOLOGICAL CAPABILITIES AND EXPORTS OF GARMENT FIRMS IN MYANMAR

2014 ◽  
Vol 19 (Supplement_1) ◽  
pp. S22-S42 ◽  
Author(s):  
Rajah Rasiah ◽  
Myo Myo Myint
Keyword(s):  
Market Access ◽  
Foreign Firms ◽  
Technological Capabilities ◽  
Process Technology ◽  
Export Intensity ◽  
Technology Infrastructure ◽  
Developed Country ◽  
Adaptive Capabilities ◽  
The Government ◽  
The Relationship

This paper uses the evolutionary framework to examine the relationship between ownership, technological capabilities and export intensities using garment manufacturing in the Least Developed Country of Myanmar as an empirical case. The results show that foreign firms with production connected to global value chains enjoy higher export intensity than national firms even when controlled for age. Also, foreign firms with access to superior support from parent plants enjoy higher technology capability than national firms even after controlling for age. The Levene's two-tail ‘t’ tests show that foreign firms also enjoyed higher human resource, process technology and adaptive capabilities than national firms. Foreign firms are also larger and pay higher wages than national firms. The results show that foreign firms’ superior market access and technological capabilities can offer the potential for knowledge spillover to national firms provided the government stabilizes the political situation and strengthens the basic and high technology infrastructure in Myanmar. Unlike the Maquiladoras of Latin America, not only that a quarter of the inputs are sourced by garment firms from Myanmar, a handful of national firms have already acquired the export and technological capabilities to compete with foreign firms.

scholarly journals Development of Safety Cost for Architectural Works in Rental Apartments Building Construction Project Based on Work Breakdown Structure

2019 ◽  
Vol 8 (5C) ◽  
pp. 16-27
Keyword(s):  
Construction Project ◽  
Rental Housing ◽  
Health And Safety ◽  
Building Construction ◽  
Public Works ◽  
Occupational Accidents ◽  
Service Agency ◽  
Construction Sector ◽  
Work Breakdown Structure ◽  
The Government

The government of Indonesia is targeting a supply shortage or housing backlog in 2019 to be 5.4 million. With the shortage of rental housing needs that are still very large, the development needs of rental flats in the future are still very high. But on the other hand, the implementation of construction projects in Indonesia, in general, the number of work accidents also increased. Referring to Labor Social Service Agency (BPJS) data, nationally the number of occupational accidents in the construction sector is recorded as the most national sector of the number of occupational accidents. Managerial finance is important to assist the process of making decisions related to work safety. While the regulations and provisions concerning occupational, health, and safety (OHS) financing in Indonesia in the construction sector, especially in buildings, have not been clearly and measurably regulated. In its implementation, the existing regulations have not been fully followed by construction actors even within the Ministry of Public Works and Public Housing itself. Architectural works on building construction, in this case, the construction of rental apartments is a job that has the highest number of work items compared to other types of work items. This study resulted in standardized Work Breakdown Structure, safety risks identification, mitigation risks and the component of safety cost for Architectural Works in Rental Apartments Building Construction Project.

scholarly journals Analysis Risk Management of Procurement System Goods/Services (Study Case in PT. Perusahaan Listrik Negara (PERSERO

2019 ◽  
Vol 2 (1) ◽  
pp. 12-21
Author(s):  
Oryza Tannar
Keyword(s):  
Risk Management ◽  
Planning Process ◽  
Government Procurement ◽  
The State ◽  
Goods And Services ◽  
Fair Competition ◽  
Sociological Approach ◽  
Political Approach ◽  
Distribution Company ◽  
The Government

Procurement is expected to be carried out effectively and efficiently with the principles of fair competition, transparent ,opened and fair treatment for all parties, in accordance with Peraturan Presiden Nomor 54 Tahun 2010 on Government Procurement is an activity to obtain goods and services by the Ministry/Institutions/Regional Working Units/other Institutions starting from the planning process needs to be disclosed all activities to obtain goods and services. As the development of an increasingly modern era, the government infrastructure was varied to keep track of and adapted to the needs of the government. The procurement of goods and services financed by the budget of revenues and expenditures country / region. This study focuses on government procurement of goods and services made in the area of PT. Perusahaan Listrik Negara (PERSERO) Distribusi Jawa Timur Area Pelayanan dan Jaringan Surabaya Selatan (PT. PLN Disjatim) by using the historical approach, sociological approach, institutional approaches, legal and political approach to development based on risk management. The data in this study were obtained by physical or direct data approach with several parties and employees concerned with the procurement of goods and services within the state electricity distribution company of the Eastern Java. The results of this study include the procurement of goods and services in the state electricity company disjatim generally been in accordance with the systems and mechanisms that have been defined in the Peraturan Presiden 54 Tahun 2010 on Government Procurement. However, once studied and reviewed more deeply there are some constraints and the presence of fraudulent behavior committed by the procurement committee and procurement participants and parties involved in the procurement of goods and services.  

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