TINJAUAN YURIDIS PENERAPAN LARANGAN PERSEKONGKOLAN TENDER MENURUT UNDANG-UNDANG NOMOR 5 TAHUN 1999 TENTANG LARANGAN PRAKTEK MONOPOLI DAN PERSAINGAN USAHA TIDAK SEHAT (STUDI KASUS DI KANTOR LAYANAN PENGADAAN SECARA ELEKTRONIK PROVINSI RIAU)
Abstract
The procurement of goods or services in a project of a company or government
agency is often through tenders. This is intended by the tender organizer to get the price of
goods or services that are in accordance with the standards and with the best possible
quality. In essence, the implementation of tenders must meet the principles of fairness,
openness, and non-discrimination. In addition, tenders must pay attention to things that do
not contradict the principle of unfair business competition.
The type of research in this type of research is sociological law research, namely in
sociological law research, law is conceptualized on social institutions that are actually
related to other social variables. This research is descriptive, i.e. to give as precise a word as
possible about people, circumstances or other symptoms.
The conclusion of this study is, first, unfair business competition is competition
between business actors in carrying out production and/or marketing activities of goods
and/or services that are carried out in a dishonest or unlawful way or hindering business
competition. Second, tender conspiracy is an activity that is usually carried out by business
actors by making agreements to win tenders These activities often result in obstacles for
business actors who are not involved in the agreement and further impacts can result in
losses for the organizers because there are irregularities regarding prices. Third, in the
implementation of tender bidding in Riau province, the main goal that LPSE Riau Province
wants to achieve is to provide balanced opportunities for all bidders
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