SANCTIONS AGAINST WORKING GROUPS FOR THE SELECTION OF GOODS/SERVICES PROVIDERS IN CASES OF TENDER COLLUSION : Study Comparison between Indonesia and Malaysia

Liametami Benedicta Bukit, . (2025) SANCTIONS AGAINST WORKING GROUPS FOR THE SELECTION OF GOODS/SERVICES PROVIDERS IN CASES OF TENDER COLLUSION : Study Comparison between Indonesia and Malaysia. Rechtsidee, 13 (2). pp. 1-17. ISSN 2443-3497

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Abstract

The general background of this study is the persistent dominance of tender collusion in Indonesia’s procurement sector, which undermines fair competition and public welfare. The specific background focuses on KPPU Decision No. 15/KPPU-L/2023, where the Working Group (POKJA) was proven negligent but exempted from sanctions due to its unclear legal status under Law No. 5/1999. The knowledge gap lies in the absence of explicit regulatory authority to sanction POKJA, creating ambiguity in defining “other parties” within tender collusion provisions. The aim of this research is to compare Indonesia’s regulatoryframework with Malaysia’s system, which empowers MYCC to impose administrative sanctions directly on public officials involved in bid rigging. The results show that Malaysia’s Competition Act 2010 provides broader investigative and enforcement powers, enabling more effective deterrence, while Indonesia relies on fragmented administrative mechanisms that weaken accountability. The novelty of this study is its comparative legal analysis demonstrating how dual-authority competition bodies enhance integrity in public procurement. The implications highlight the urgency to revise Law No. 5/1999, clarify POKJA’s legal standing, and establish expert data-analysis bodies to strengthen preventive measures against future tender collusion.

Item Type: Article
Additional Information: [No. Panggil : 2210611264] [Pembimbing : Heru Sugiyono] [Ketua Penguji : Irsyaf Marsal] [Penguji 1 : Ema Nurkhaerani] [Penguji 2 : Heru Sugiyono]
Uncontrolled Keywords: Tender Collusion, POKJA, Competition Law, MYCC, Procurement Governance
Subjects: K Law > K Law (General)
Divisions: Fakultas Hukum > Program Studi Hukum (S1)
Depositing User: LIAMETAMI BENEDICTA BUKIT
Date Deposited: 25 Mar 2026 06:54
Last Modified: 25 Mar 2026 06:54
URI: http://repository.upnvj.ac.id/id/eprint/42258

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