ANALISIS PENGADAAN BARANG DAN JASA PEMERINTAH DALAM MEWUJUDKAN TERTIB PENYELENGGARAAN JASA KONTRUKSI MELALUI ASPEK HUKUM KONTRAK DI KABUPATEN CIAMIS

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