KONTRAK PENGADAAN HULU MIGAS DIKAITKAN DENGAN PERATURAN SINERGI BUMN DAN PERSAINGAN USAHA

Romi Prayudi, . (2021) KONTRAK PENGADAAN HULU MIGAS DIKAITKAN DENGAN PERATURAN SINERGI BUMN DAN PERSAINGAN USAHA. Tesis thesis, Universitas Pembangunan Nasional Veteran Jakarta.

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Abstract

The provisions for the Synergy of Indonesia State-Owned Enterprises (SOE or BUMN) in the procurement of goods and services provide the privilege of direct appointment to subsidiaries and/or affiliated parties as providers of of goods and services within the BUMN environment in order to be able to shorten the time and increase business opportunities (Ministerial Regulation Number PER- 08/MBU/12/2019 concerning Guidelines for the Implementation of Procurement of Goods and Services for BUMN). Business Competition in Indonesia is specifically regulated in Law No. 5 of 1999 with the main principles of the procurement system being transparent, non-discrimination, and efficient. The non-discrimination principle meant is inclusiveness in doing business for all business actors. In the upstream oil and gas industry in Indonesia, the working contract between oil and gas exploration and exploitation business actors and the Government of Indonesia is called a Production Sharing Contract or PSC. In the PSC cost recovery scheme, the Contractor in carrying out his operations must comply with the rules issued by SKK Migas as a government representative. Specific in the process of procuring goods/services, SKK Migas issued Working Procedure Guidelines number 007 (Pedoman Tata Kerja/PTK 007) regarding Supply Chain Management. For contractors whose procurement process does not comply with PTK 007, then there is a part of costs that cannot be borne by the government (or non-cost recovery). In PTK 007, it is stated that the synergy BUMN that can be carried out is only within the perimeter of the Upstream Oil and Gas Sector. The author sees a legal problem in the implementation of SOE Synergy (in this case PT Pertamina as the only SOE upstream oil and gas) with the legal principle of unfair business competition due to its exclusivity, and the legal problem of Pertamina Incorporation Synergy with the procurement process of goods/services with PTK 007. The main conclusion is in per se illegal approach, Pertamina Incorporation Synergy is prohibited in the provisions of Antitrust Law. However, if viewed from the rule of reason approach, this Incorporation Synergy does not create a dominant position or lead to a monopoly. Suggestion that can be conveyed are the PTK 007 SKK Migas must be able to adapt the spirit in the provisions of the Minister of BUMN Regulation regarding its Synergy in which the procurement process in Pertamina is open to all businesses in BUMN.

Item Type:	Thesis (Tesis)
Additional Information:	[No. Panggil: 1910622007] [Pembimbing: Imam Haryanto] [Penguji 1: Arrisman] [Penguji 2: Imam Haryanto]
Uncontrolled Keywords:	Keywords: Synergy of Indonesia State-Owned Enterprises, PTK 007 SKK Migas, Unfair Competition.
Subjects:	H Social Sciences > HC Economic History and Conditions
Divisions:	Fakultas Hukum > Program Studi Hukum (S2)
Depositing User:	Romi Prayudi
Date Deposited:	29 Nov 2021 03:10
Last Modified:	29 Nov 2021 03:10
URI:	http://repository.upnvj.ac.id/id/eprint/14252

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