Authors:
Ronald Hasudungan Sianturi
and
Ahmad Feri Tanjung
Affiliation:
Law Faculty, Prima Indonesia University, Sekip Simpang Sikambing, Medan, Indonesia, Indonesia
Keyword(s):
Beneficial Owners, Government Procurement, Conflicts of Interest, Tender
Abstract:
One of the government procurement principles is the principle of competing among tender participants, so that job owners are required to identify conflicts of interest between bidders. Conflict identification between bidders stipulated in Presidential Regulation Number 16 the Year 2018 is concurrent positions between bidders, but cannot anticipate conflicts of interest through multiple beneficial owners between bidders. Therefore, this study will describe how the implementation of the principle of the introduction of beneficial owners in preventing conflicts of interest in the implementation of government procurement. This research is normative juridical because it examines norms regarding beneficial ownership in government tenders. This study used a conceptual approach, statue approach, and case approach. The data used are secondary data, such as laws, books, court decisions, and other documents. Data analysis is carried out qualitatively to obtain arrangements to prevent conflicts
of interest between tender participants through the beneficial owner concept. The results of the study show that the principle of competitiveness cannot be implemented if the identification of conflicts of interest is based solely on concurrent positions between bidders. Therefore, identification of conflicts of interest should also be carried out based on multiple stakeholders through the method of the declaration of beneficial owners by tender participants.
(More)