The Nature of Guarantees in Appeals for Procurement of Construction Goods/Services

Abstract

The philosophy of procurement of construction goods/services is that the procurement of construction goods/services financed by the APBN/APBD is carried out effectively, efficiently, with the principles of healthy, transparent, open competition, fair treatment for all parties, so that the results can be accounted for, both from a physical and financial perspective. , as well as its benefits for the smooth running of government duties and community services. Disputes over the procurement of goods and services can occur from the qualification implementation stage to the contract signing stage and contract implementation. There are at least three legal aspects in the process of procuring construction goods and services, namely: (1) Administrative Legal Aspects; (2) Civil Law Aspects; (3) Aspects of Criminal Law.

The objection to the appeal in the Regulation of the Public Policy Institute for Procurement of Government Goods/Services Number 9 of 2018 (LKPP Institution Regulation) number 42.14 as has been adjusted to the Regulation of the LKPP Institution Number 12 of 2021 concerning Guidelines for the Implementation of Procurement of Goods/Services through Providers states that the objection to the appeal is a protest from the objection to the budget user authority (KPA) in the procurement of construction work who does not agree with the objection answer which is accompanied by a guarantee of appeal objection.

Based on the provisions of Article 75 paragraph (5) of Law Number 30 of 2014 concerning Government Administration, every administrative effort carried out by the public regarding government decisions and/or actions in the form of objections and appeals should not be charged a fee. However, efforts to appeal against the results of the procurement of construction services were found to be subject to costs in the form of a guarantee against the appeal.

Keywords: Essence of Appeal Guarantee, Procurement of Goods/Services, Construction Work.

DOI: 10.7176/JLPG/145-03

Publication date: January 30^th 2025