Abstract:
ABSTRACT
ANALYSIS OF GOVERNMENT PROCUREMENT OF GOODS AND
SERVICES IN REALIZED ORDERLY PROVISION OF CONSTRUCTION
SERVICES THROUGH THE LEGAL ASPECTS OF CONTRACTS IN
CIAMIS REGENCY
SARIFAH
NIM. 82337220009
Contract law issues persist, particularly regarding the Statement of Non-
Demand for Delayed Payment, a frequently used administrative requirement.
While legally valid when voluntarily executed, this letter creates potential
contractual imbalances by weakening the legal standing of service providers.
Administratively, this policy is used by local governments as a form of mitigation
of regional financial risks (prudential principle) due to cash flow mismatches.
However, normatively, it has the potential to create legal uncertainty and
contractual injustice. This study aims to analyze the government procurement
mechanism for goods and services in Ciamis Regency, the factors considered by
the parties in ensuring orderly construction service delivery from a contractual
legal perspective, and the efforts that can be made to achieve fair, transparent,
and accountable procurement governance. This study uses a qualitative method
with a juridical-empirical approach, through document studies, observations, and
interviews with relevant parties such as the Public Works and Housing Agency
(PUPR), the UKPBJ (Procurement and Procurement Unit), and construction
service providers in Ciamis Regency.
The research method is normative juridical, examining laws and
regulations, legal principles, and legal systems related to government
procurement of goods and services to ensure orderly construction services
through contract law aspects, then analyzing them using various legal theories.
The results indicate that the government procurement mechanism in Ciamis
Regency, specifically the procurement mechanism in Ciamis Regency, complies
with national regulations through the LPSE system, which ensures transparency
and accountability, from planning and supplier selection, contracting,
implementation, and handover of work. The main factors contributing to orderly
construction services implementation lie in contract clarity, a balance of rights
and obligations, the application of good governance principles, and compliance
with regional financial regulations. A Statement of Non-Delayed Payment is a
legitimate form of administrative discretion as long as it is voluntary, but it has
the potential to lead to injustice if applied unilaterally. Efforts to improve orderly
contract law must involve improving the wording of contracts and statements,
increasing the legal capacity of the parties, and implementing more disciplined
financial oversight.
Keywords: Procurement of Goods and Services, Contract Law, Construction
Services, Legal Certainty, Ciamis Regency
