Bambang Utoyo (2015) Prinsip Proporsionalitas Dalam Kontrak Pengadaan Barang Dan Jasa Oleh Pemerintah. Disertasi thesis, UNIVERSITAS AIRLANGGA.

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Abstract

Fulfillment of the needs for goods and services constitutes an important part of governance. Procurement of goods and services by the government and private sectors has different characteristics. Private sectors are capable of procuring goods/services when they need them with their own abilities or debts, whereas the government or the public sectors must carry out tight auctions in order to obtain the best possible goods/services at the lowest possible prices. It is in connection with this fulfillment of the government’s needs that contracts entered into by the government with the private sectors become a common practice. Procurement of goods and services is essentially the user’s attempts to obtain or realize the goods and services desired by using specific methods and processes to reach agreed prices, time, etc. In order for the nature or essence of procurement of goods and services to be achieved as well as possible, both the user and provider of goods and services must at all times rely on the applicable philosophy and laws and regulations. In respect of civil law instruments as a means of legal protection for providers of goods and services, the procurement contract instruments serve as a means for the implementation of the legal relationship between Committing Officers and providers of goods and services. One of the main tasks and authorities of the CO, according to Presidential Decree No. 70 of 2012, is to draw up, sign and execute contracts with the providers of goods/services, as well as controlling and evaluating the implementation of the contracts. Providers of goods/services in the procurement of government goods/services shall therefore be provided with preventive and repressive legal protections on the stages of the procurement, where this can be performed by applying the principle of proportionality.

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