CIVIL LIABILITY OF OFFICIALS MAKING COMMITMENTS IN THE PROCUREMENT OF GOODS AND SERVICES WHO COMMIT BREACH OF ACTS

Abstract

It can be seen that in the process of procuring goods/services, it does not only involve PPK but also other parties who play a role in procuring goods/services which are interrelated, namely PA and KPA. Arrangements for agreements for the procurement of goods and services in Indonesia are regulated in Presidential Regulation Number 12 of 2021 concerning Amendments to Presidential Regulation Number 16 of 2018 concerning Government Procurement of Goods/Services. The responsibility of the PPK position in procuring government goods/services is the responsibility for the validity (legality) of the use of authority in procurement by the PPK which is based on authority, procedure and substance, and gives rise to government/state accountability. Based on the research results, it is understood that the resolution of disputes in goods and services procurement agreements resulting from default is that the parties make peace efforts or in other words will resolve the dispute that occurs by means of deliberation and if an agreement cannot be reached by deliberation, then the parties agree to resolve the dispute. by taking legal action through the courts.