Mardongan Parulian Panjaitan, . (2024) PERSEKONGKOLAN VERTIKAL DALAM PELAKSANAAN TENDER ULANG: STUDI PUTUSAN KPPU NOMOR: 17/KPPU-L/2022. Tesis thesis, Universitas Pembangunan Nasional Veteran Jakarta.
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Abstract
This research is designed to analyze or review the consideration of the Business Competition Supervisory Commission in stating that re-tendering is included in vertical conspiracy and the regulation of re-tendering application that provides legal certainty for project owners and tenderers. This research uses a qualitative normative method, the approach used in this research is a statute approach, case approach, and conceptual approach. The sources of legal materials in this research consist of primary legal materials, secondary legal materials, and tertiary legal materials. In this research, qualitative analysis is used which focuses on legal norms contained in legislation, Decisions of the Business Competition Supervisory Commission, as well as norms that exist and develop in society as a basis for analyzing the problems studied. The results showed that the consideration of the Business Competition Supervisory Commission stated that the re-tender was included in the tender conspiracy because PT Jakarta Propertindo (Perseroda) as the 1st Respondent, represented by the Director of Human Resources and General Affairs, requested a review of the technical evaluation results to the Construction Management Consultant (MK) when the tender process was still ongoing, proving the intervention of the 1st Respondent to the Procurement Team to influence the evaluation results, which led to the tender being canceled and then re-tendered. The application of re-tendering that provides legal certainty for project owners and tender participants is that re-tendering can be carried out if the first tender is canceled because the participants in the tender process do not meet the classification in accordance with the requirements determined by the Procurement Team (Committee), the requirements usually consist of drawings, specifications and guidelines for tender implementation.
| Item Type: | Thesis (Tesis) |
|---|---|
| Additional Information: | [No.Panggil: 2210622085] [Pembimbing : Imam Haryanto] [Penguji 1: Suherman] [Penguji 2: Heru Sugiyono] |
| Uncontrolled Keywords: | Monopoly, Monopolistic Practices, Unfair Business Competition, Conspiracy, Tenders. |
| Subjects: | K Law > K Law (General) |
| Divisions: | Fakultas Hukum > Program Studi Hukum (S2) |
| Depositing User: | MARDONGAN PARULIAN PANJAITAN |
| Date Deposited: | 26 Aug 2024 07:49 |
| Last Modified: | 26 Aug 2024 07:49 |
| URI: | http://repository.upnvj.ac.id/id/eprint/31217 |
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