“Imperfect Achievement” in Contract of the Government Goods and Service Procurement

Abstract

Contract of Government Goods and Services Procurement is a commercial contract that special characterized because it involves the Government. It is known as ambivalent, because it comes in both private- and public laws. In the implementation of contract has been agreed and signed, given consequence that the parties should be subject to the terms of contract through a clause in the contract. The results showed that the contract cannot be denied in the government goods and service procurement, be valid principles and legal norms of private and public are adjoined applicable. As it turns out in practice, however, it has certain weaknesses, particularly in view of the accountability and legitimacy aspects of its establishment. The legal consequence of tort by goods and services supplier in the form/model of imperfect achievement was the Government suffered a loss categorized as State Loss. The legal consequences for suppliers who do “imperfect achievement” are not just indemnity, but also subject to criminal sanctions even pay a fine for classified as corruption.

Keywords: Contract, Imperfect Achievement, Goods and Service, Government, Procurement