FACULTY OF LAW, TRISAKTI UNIVERSITY

July 7, 2023 – July 15, 2023

“Scientific Week of Faculty’s Outstanding Research & Book Grant” day seven on July 15, 2023 was held to present the Dissemination of Faculty’s Outstanding Research Results (PUF) in order to gather feedback/input for the implementation of the Faculty’s Outstanding Research.

Dissemination PUF Result Topic:

• Dissemination Theme: “Resolution of Government Procurement Contract Disputes (Comparison with Contract Dispute Resolution in South Korea)”
• Research Team: The research team consists of Faculty of Law lecturers, students, and alumni as follows:

Research Team Leader: Dwi Alfianto, S.H., M.H.

Research Team Members:   Ali Rido, S.H., M.H.

Septiyani, S.H., M.H.

Ramadhana Anindyajati Bachry, S.H., M.H.

Student:   Kezia Khatwani (010002000118

Speakers: The speakers consist of the research team members, namely:

Dwi Alfianto, S.H., M.H.

Ali Rido, S.H., M.H.

Master of Ceremony: Kezia Khatwani

Zoom Meeting Details:

Meeting ID: 969 7975 8889

Passcode: 277924

Time: 10:00 – 12:00 WIB

Research Summary

In the procurement of goods or services, the government frames its legal relationship with the suppliers through a procurement contract for goods or services. In other words, the government becomes one of the parties in the contract. In this context, the government cannot position itself higher than the suppliers, as all parties have an equal status in contract law, as reflected in Article 1338 of the Indonesian Civil Code. Since Indonesia joined the WTO on 24th February 1950, it is essential to consider the current international trends, and therefore, a study oriented towards the need for harmonization in the general legal principles and the principles of government procurement within the international trade community is required. One way is to compare or understand contract law in other countries, such as South Korea.

Regarding the resolution of contract disputes between the Contracting Officer/Commitment Maker and the Supplier in accordance with Presidential Regulation No. 12 of 2021 on Amendments to Presidential Regulation No. 16 of 2018 concerning Government Procurement of Goods/Services, it is regulated in Article 85, which includes the following options: a. Contract dispute resolution services; b. Arbitration; c. Construction dispute board; or d. Resolution through the court. Contract dispute resolution services as referred to in paragraph (1) letter a are provided by LKPP (Government Goods/Services Procurement Policy Agency). Many countries around the world, including Korea, have made efforts to improve the transparency and efficiency of public procurement, which contributes significantly to their economies. Although there are various options for dispute resolution, a method closer to the principles of mutual cooperation and consensus, such as establishing a National Contract Dispute Conciliation Institution within the Contract Law, where the Government is a party in the field of procurement of goods/services, may be considered.

Let’s join!

We invite all members of the Trisakti University academic community to participate in this event, especially students specializing in Procedure Law, Business Law, and other disciplines within the Faculty of Law. E-certificates will be provided for participants attending the event.