Beneficial Owner Identification for Preventing Conflicts of Interest in Indonesia Government Procurement

Ronald Hasudungan Sianturi, Ahmad Feri Tanjung

2019

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.

Paper Citation

in Harvard Style

Sianturi R. and Tanjung A. (2019). Beneficial Owner Identification for Preventing Conflicts of Interest in Indonesia Government Procurement.In Proceedings of the 1st International Conference on Anti-Corruption and Integrity - Volume 1: ICOACI, ISBN 978-989-758-461-9, pages 158-166. DOI: 10.5220/0009401501580166

in Bibtex Style

@conference{icoaci19,
author={Ronald Hasudungan Sianturi and Ahmad Feri Tanjung},
title={Beneficial Owner Identification for Preventing Conflicts of Interest in Indonesia Government Procurement},
booktitle={Proceedings of the 1st International Conference on Anti-Corruption and Integrity - Volume 1: ICOACI,},
year={2019},
pages={158-166},
publisher={SciTePress},
organization={INSTICC},
doi={10.5220/0009401501580166},
isbn={978-989-758-461-9},
}

in EndNote Style

TY - CONF

JO - Proceedings of the 1st International Conference on Anti-Corruption and Integrity - Volume 1: ICOACI,
TI - Beneficial Owner Identification for Preventing Conflicts of Interest in Indonesia Government Procurement
SN - 978-989-758-461-9
AU - Sianturi R.
AU - Tanjung A.
PY - 2019
SP - 158
EP - 166
DO - 10.5220/0009401501580166