scholarly journals Legal Standing of Work Order (SPK) by the Existence of Agreement on the Procurement of Public Goods in the Education Office of Padang City

2019 ◽  
Vol 6 (5) ◽  
pp. 327
Author(s):  
Mira Handayani ◽  
Yuslim Yuslim ◽  
Ulfanora Ulfanora
Keyword(s):  
Public Goods ◽  
Public Procurement ◽  
Research Problem ◽  
Goods And Services ◽  
Legal Relation ◽  
Legal Standing ◽  
State Administration ◽  
State Finance ◽  
The Government ◽  
Contractual Relation

Legal relation between user and provider, that occurs during the process of signing the agreement on the procurement of goods and services until the process of terminating the agreement, is called civil law relation which is specified as contractual relation. In the process of user and service user agreement, the government is represented by Budget User or Proxy or Commitment Officer (CO) or Procurement Official as an individual. Regarding this matter, the research problem is on how the legal standing of work order by the existence the public procurement agreement and on how the contractual relation between the Commitment Officer (CO) and the procurement of goods and services for the procurement of public goods at the Education Office of Padang City. This research employs empirical juridical approach. Based on the result of the research, it is found that the legal standing of work order, in addition to part of the contract, is also the decision of state administration in carrying out public authority in the form of procurement of goods and services which is violated through the state finance. In the meantime, the contractual relation of the parties is basically the same as the contract or agreement in general; the contract is binding on the parties such as laws in a lawful relationship and obligations.

scholarly journals PEMBAHARUAN REGULASI PENGADAAN BARANG DAN JASA PEMERINTAH

2012 ◽  
Vol 1 (1) ◽  
pp. 113
Author(s):  
Apri Listiyanto
Keyword(s):  
Mechanism Of Action ◽  
Good Governance ◽  
Public Procurement ◽  
Regulatory Reform ◽  
Goods And Services ◽  
The Government ◽  
Bureaucratic Behavior ◽  
Reform Needs

<p>Pengadaan barang dan jasa secara ideal bertujuan untuk menjamin efisiensi, transparansi, dan keadilan dalam pelaksanaan kegiatan pembangunan oleh pemerintah. Dalam praktik, pelaksanaan pengadaan barang/jasa masih banyak sekadar memenuhi kewajiban administratif tanpa mempedulikan aspek substantifnya. Tulisan ini akan membahas ten tang pembenahan regulasi di bidang pengadaan barang dan jasa. Melalui penelitian yuridis normatif, penelitian ini menemukan regulasi terkait dengan pengadaan barang dan jasa memiliki kelemahan, khususnya berkaitan dengan mekanisme pelaksanaan pengadaan barang/jasa. Untuk mengatasi permasalahan tersebut, maka mekanisme kerja, tradisi, dan perilaku birokrasi yang berpotensi menghambat terwujudnya pemerintahan yang bersih, pembaharuan peraturan perlu disesuaikan agar fleksibilitas pengadaan barang dan jasa memenuhi kebutuhan pemerintah dan sekaligus menghindari ditabraknya prinsip pengadaan yang ada. Disamping itu perlu pula adanya pembenahan terhadap regulasi di bidang Pengadaan Barang dan Jasa, yaitu dari Peraturan Presiden diubah menjadi Undang-Undang.</p><p>Procurement of goods and services are ideally aimed at ensuring efficiency, transparency and fairness in the implementation of development activities by the government. In practice, the implementation of the procurement of goods / services are still a lot just to meet the administrative duties regardless of the substantive aspects. This paper will discuss the reform of regulation in the field of public procurement. Through normative juridical research, this study found the regulations related to procurement of goods and services have drawbacks, particularly with regard to the implementation mechanisms of goods / services. To address these concerns, the mechanism of action, traditions, and bureaucratic behavior that could potentially hinder the realization of good governance, regulatory reform needs to be adjusted so that the flexibility of the procurement of goods and services meet the needs of government and at the same time avoiding existing procurement principles. Besides, it also needs a revamping of the regulation in the areas of Procurement, which is converted to the President of the Regulations Act.</p>

scholarly journals Micro Small-Level Enterprises (MSES) and Cooperatives in Presidential Regulation Number 12 of 2021

JASSP ◽  
2021 ◽  
Vol 1 (2) ◽  
pp. 103-113
Author(s):  
Adam Khafi Ferdinand ◽  
Rinaldy Amrullah
Keyword(s):  
Public Procurement ◽  
Comparative Approach ◽  
The Public ◽  
Goods And Services ◽  
Medium Level ◽  
The Government

Presidential Regulation Number 12 of 2021 concerning amendment the Presidential Regulation Number 16 of 2018 (Presidential Regulation 12/2021) was the government efforts for micro small-level enterprises (MSEs) and cooperatives to be involved in the public procurement of goods and services. However, it still needs to be anticipated because there are always irregularities that usually occur, namely corruption. This research aims to determine how the amendment of the public procurement regulation in the Presidential Regulation 12/2021 especially for MSEs and cooperatives, and also how to assess the Presidential Regulation 12/2021 can reduce the potential for corruption in the process of public procurement. This research uses a normative method with a comparative approach and a statutory approach. The results of this research indicate the Presidential Regulation 12/2021 are the elimination of medium-level enterprises, the government's obligation to allocate a minimum budget of 40%, and also increase the budget ceiling for MSEs and cooperatives up to IDR 15 billion. E-Procurement for MSEs and cooperatives still has the potential for corruption, but with the new policy in the form of competency certification, and if there is an increase in regulations from the National Procurement Board (LKPP) in terms of provider qualifications, procurement can produce quality and efficient products.  Keywords: Cooperatives, Potential of Corruption, Presidential Regulation 12/2021, Government’s Procurement Goods and Services, Small-Level Enterprises (MSEs)

Willingness to adopt e-procurement to reduce corruption

2014 ◽  
Vol 8 (4) ◽  
pp. 500-520 ◽  
Author(s):  
Arjun Neupane ◽  
Jeffrey Soar ◽  
Kishor Vaidya ◽  
Jianming Yong
Keyword(s):  
Latent Variables ◽  
Empirical Test ◽  
Public Procurement ◽  
Extensive Literature ◽  
Content Type ◽  
Goods And Services ◽  
Willingness To Adopt ◽  
The Government ◽  
High Level ◽  
The Impact

Purpose – The purpose of this paper is to report on research that evaluates the perceived willingness of potential bidders to adopt public e-procurement for the supply of goods and services to the government of Nepal. The authors have identified anti-corruption attributes through an extensive literature review and developed a theoretical model representing the impact of four latent variables, monopoly of power, information asymmetry, trust and transparency and accountability on the dependent variable, the intent-to-adopt e-procurement (ITA). Design/methodology/approach – Data for this research were obtained by the use of a questionnaire survey of bidders who were officially registered with the Government of Nepal. As part of the fieldwork for this research, the first author collected the perceptions of 220 bidders regarding the potential of public e-procurement to reduce corruption in public procurement processes. Findings – The findings suggest that a high level of the ITA has a positive and significant relationship with the independent variables that might inform the developed and emerging countries to make a decision to adoption of e-procurement to combat corruption in public procurement. Research limitations/implications – This study has some limitations that should be taken into consideration. The evaluation of anti-corruption factors, as they affect the willingness of users to adopt e-procurement on the bidder’s perception research model is relatively new to e-procurement research. A limitation of the research was that it gathered and analyzed data from a single country with a limited number of respondents. More research is needed to identify the anti-corruption factors of e-procurement in reducing corruption, and also need strong empirical test to valid the factors that influence the adoption of e-procurement. Originality/value – This study aimed to contribute to the academic scholar, government agencies and public procurement practitioner in enhancing their understanding of the perceived anti-corruption factors of public e-procurement to reduce corruption.

scholarly journals HOW SHOULD THE GOVERNMENT ALLOCATE ITS TAX REVENUES BETWEEN PRODUCTIVITY-ENHANCING AND UTILITY-ENHANCING PUBLIC GOODS?

2010 ◽  
Vol 15 (3) ◽  
pp. 336-364 ◽  
Author(s):  
George Economides ◽  
Hyun Park ◽  
Apostolis Philippopoulos
Keyword(s):  
Public Goods ◽  
Optimal Policy ◽  
Public Expenditures ◽  
Tax Rate ◽  
Second Best ◽  
Goods And Services ◽  
Tax Revenues ◽  
The Social ◽  
The Government ◽  
Macroeconomic Implications

We present a fairly standard general equilibrium model of endogenous growth with productive and nonproductive public goods and services. The former enhance private productivity and the latter private utility. We study Ramsey second-best optimal policy, where the latter is summarized by the paths of the income tax rate and the allocation of collected tax revenues between productivity-enhancing and utility-enhancing public expenditures. We show that the properties and macroeconomic implications of the second-best optimal policy (a) are different from the benchmark case of the social planner's first-best allocation and (b) depend crucially on whether public goods and services are subject to congestion.

scholarly journals Transparency of information contained in the state budget from the view of utility for the citizen

2020 ◽  
pp. 3-14
Author(s):  
Maria Elżbieta Jastrzębska ◽  
Keyword(s):  
Descriptive Analysis ◽  
Inductive Reasoning ◽  
Research Problem ◽  
The State ◽  
Point Of View ◽  
State Budget ◽  
Fiscal Transparency ◽  
State Finance ◽  
The Government ◽  
Flow Of Information

Purpose – The purpose of the article is to assess the transparency of information contained in the state budget from the point of view of usefulness for the citizen and to recommend actions to increase the transparency of information in this regard. Methods – Descriptive analysis and deductive and inductive reasoning were used. Research description – The essence of fiscal transparency in the context of social responsibility of the government was discussed. The scope of information included in: the multi-year financial state finance, the budget act, the report on the implementation of the state budget, the analysis of the implementation of the state budget was analyzed. The assessment of information in the above-mentioned scope was carried out from the point of view of usefulness for the citizen and the flow of information between the government and citizens about public funds collected and allocated by the state budget. Finally, recommendations were made for actions to be taken to increase the transparency of information contained in the state budget. Results – The transparency of the information contained in the state budget (at the stage of its planning, adoption, implementation, reporting and controlling budget implementation) is very limited from the point of view of its usefulness for the citizen. It is necessary to take specific actions to increase the transparency of information contained in the state budget from the point of view of its usefulness for the citizen. Originality / value – the literature on the subject lacks publications devoted to the issue of transparency of the state budget in our country. The article addresses this research problem by assessing the content of information published by the government in the state budget as the basic public fund from the point of view of the usefulness of this information for the citizen.

scholarly journals PROBLEMS CAUSED BY THE PANDEMIC IN PUBLIC PROCUREMENT OF GEORGIA

2020 ◽  
pp. 278-286
Author(s):  
GVANTSA SISOSHVILI
Keyword(s):  
Public Procurement ◽  
The State ◽  
Infrastructure Projects ◽  
Public And Private ◽  
Procurement Process ◽  
Goods And Services ◽  
Private Organizations ◽  
The World ◽  
Additional Costs ◽  
The Government

The spread of the new coronavirus in the world, including in Georgia, had a significant negative impact on both public and private organizations, which has affected the public procurement process in the country. Georgia has spent a large amount of money to deal with the virus. As a result, administrative costs have been reduced in order to finance the 2020 state budget deficit - 57 million GEL for labor costs and 107 million GEL for goods and services. It should be noted that 195 million GEL is used on arranging quarantine spaces and other additional health care costs while 1.31 billion GEL is provided for goods and services. During the pandemic, demand from the state increased significantly in the health sector, while declining in other areas, many planned purchases were canceled, tenders were not held, were suspended or their announcement was delayed. This has affected companies whose major activities include state orders. Also rising inflation and currency devaluation have made goods and services more expensive. Consequently, complex problems arose for the entities participating in public procurement, namely: - From the moment the first case of the virus was reported in Georgia, it became mandatory for public and private organizations to follow the recommendations of the World Health Organization and the National Center for Disease Control and Public Health. So, large amount of money was spent on hygiene, disinfection and other means of protecting against the virus to ensure the safety of customers and employees. - Some public and private organizations continued to work remotely, for which they incurred additional costs for equipping employees at home (with computer or other technological resources). Other organizations, which were not prohibited the operation, funded the transportation of staff to the workplace, because of emergency was declared and public transport was restricted. - In order to free up financial resources, procurement organizations have restricted the announcement of planned tenders. Even the winner had already been identified or the bidder had been invited to sign the contract. At the same time, according to the Unified Public Procurement Electronic System a number of tenders have been suspended, including largescale infrastructure projects, most of which were in the selection stage or successful bidder was revealed and invited to sign the contract. - Due to the global pandemic, most companies failed to meet their contractual obligations on time. Contract authorities change the terms of the contract, including increased delivery time and services. In the case of infrastructure projects, based on the decree of the Government of Georgia, contract authorities were given the right to increase the contract value by 10% -20% in order to finance the increase of supplier costs on construction materials - Amendments were made to the legislation governing public procurement. For example, Procurement of goods and services under the many of CPV codes were restricted to contract authorities without the consent of the Government of Georgia. In the original version of the resolution, only 30 out of 200 codes were restricted, and from April 1, 2020, the number of restricted CPV codes has increased to 160. There are number of classified goods and services, whose purchase does not require government consent: agricultural and food products, outerwear, pharmaceutical products, miscellaneous transport equipment and spare parts, Works for complete or part construction and civil engineering work, laboratory services, refuse and waste related services. Because agreement with the government and electronic procedures takes a long time, procurement organizations were forced to purchase goods and services through a simplified procurement in the case of urgent necessity. This means that in accordance with the law, the contract authorities directly signed a contract with the company and after agreed with the State Procurement Agency. Therefore, it is necessary to analyze the additional costs incurred in the field of public procurement due to the coronavirus to make predictions about the procurement process for the next year.

scholarly journals Barreiras Identificadas em Contratações Públicas Sustentáveis: uma análise de uma organização pública ## Barriers Identified in Sustainable Procurement: analysis of a public organization

2020 ◽  
Vol 9 (2) ◽  
pp. 120
Author(s):  
Dalmir Machado Torres Filho Torres Filho ◽  
Marcos Paulo De Oliveira Corrêa ◽  
Mariana Da Silva Rodrigues ◽  
Murilo Cássio Xavier Fahel
Keyword(s):  
Public Procurement ◽  
Point Of View ◽  
Environmental Crisis ◽  
Public Organization ◽  
Structured Interviews ◽  
Goods And Services ◽  
Sustainable Products ◽  
Sustainable Procurement ◽  
The Government

ResumoA possível crise ambiental levanta questionamentos quanto ao impacto que as escolhas de consumo têm no agravamento do problema ou no apontamento de soluções. Essa questão assume maior relevância quando analisada pelo ponto de vista governamental, um dos grandes consumidores de bens e serviços. No intuito de contribuir com as políticas que visam à utilização do poder de compra do Estado para indução de maior sustentabilidade do mercado, este artigo objetiva identificar as principais barreiras postas à maior utilização das Contratações Públicas Sustentáveis (CPS), no caso do Banco Central do Brasil. Como modelo analítico, utilizou-se revisão bibliográfica e documental quanto à evolução das CPS como alicerce de uma metodologia mista, ou seja, quali-quantitativa, com coleta de dados por meio de entrevistas semiestruturadas e questionários. Os fatores estudados foram priorizados levando em conta o grau em que foram considerados enquanto barreiras e o nível de consenso dessas percepções. Dessa forma, foi possível identificar que os preços mais elevados, a dificuldade de identificar os produtos e serviços mais sustentáveis, a incerteza de alguns demandantes em relação à qualidade desses produtos e a falta de treinamento específico constituem as principais barreiras enfrentadas. Por outro lado, a instituição oferece espaço para realização dessas contratações, os servidores atribuem importância a elas e compreendem o porquê de sua utilização.Abstract The current environmental crisis raises questions: consumer choices are part of the aggravation of the problem or can pointing solutions. This issue is more relevant when analyzed from the government point of view, one of the biggest consumers of goods and services. In order to contribute to policies aimed at using the state’s purchasing power to induce greater market sustainability, this paper aims to identify the main barriers to the increased use of Sustainable Public Procurement (SPC) in the case of the Central Bank of Brazil. As an analytical model, a bibliographical and documentary review of the evolution of SPC was used as a basis for a mixed methodology, that is, qualitative and quantitative, with data collection through semi-structured interviews and questionnaires. The factors studied were prioritized considering the degree to which they were considered barriers and the level of consensus of these perceptions. In this way, it was possible to identify that the higher prices, the difficulty of identifying the most sustainable products and services, the uncertainty of some servants regarding the quality of these products and the lack of specific training are the main barriers faced. On the other hand, the institution offers space for accomplishment of these hirings, the servers attach importance, and they understand the reason for their use.

scholarly journals PUBLIC PRODUCTION AND INSTITUTIONAL MECHANISM OF FUNCTIONING OF BUDGETARY INSTITUTIONS

2020 ◽  
pp. 43-54
Author(s):  
Andrii Derlytsia
Keyword(s):  
Public Goods ◽  
Transaction Costs ◽  
Financial Management ◽  
Institutional Environment ◽  
Public Procurement ◽  
Group Discussion ◽  
Academic Disciplines ◽  
Goods And Services ◽  
Budgetary Institutions ◽  
Public Production

Introduction. The study of the functioning of budgetary institutions as producers of public goods and services requires an interdisciplinary view using institutional and transactional analysis, the achievements of the theory of public finance, budget accounting and public administration. Methods. The following methods are used in the article: scientific abstraction in highlighting the essential features of budgetary institutions; comparative analysis, in distinguishing between transaction and transformation costs; systematic approach in explaining the financial, institutional, accounting and management aspects of the functioning of budgetary institutions in the process of public production. Results. Emphasis is placed on the need for conceptual delimitation of budgetary institutions on the basis of their participation in public production into those that directly supply goods and services to the population and those that ensure the functioning of budgetary institutions of the first type. The paper considers the main directions of transactions of budgetary institutions, paying attention to informal transactions and the costs they may cause. It is noted that the total cost of publicly produced products includes both the transformation costs of the budgetary institution - the manufacturer, and transaction costs, which were carried out in stages to the immediate phase of production of goods by budgetary organizations. These are the costs at the stage of public choice (elections, parliamentary activities) and at the stage of its further implementation (functioning of the fiscal entities, treasury system, government borrowing, public procurement, which are transaction costs for budget organizations of the first group). Discussion. According to the author, financial management in the budget sphere should be aimed at assessing and improving the efficiency of public production. This view should be developed in domestic textbooks and academic disciplines. After all, today they are limited to describing the current procedures for planning and implementing estimates, budget funding, without analysing its role in creating value and usefulness for citizens. Keywords: public production, public goods, budgetary institutions, institutional environment, transaction costs, transformation costs, informal transactions.

Electronification of the Public Procurement System

2017 ◽  
pp. 267-277
Author(s):  
Sergey Tsygankov ◽  
Ekaterina Gasanova
Keyword(s):  
Comparative Analysis ◽  
Public Procurement ◽  
The Public ◽  
Goods And Services ◽  
Contractual Relationship ◽  
New Type ◽  
Rapid Transition ◽  
Procurement Reform ◽  
The Government ◽  
Procurement System

This chapter analyzes the reform of public procurement systems in Russia and Ukraine in the context of electronization, as well as a comparative analysis of the effectiveness of such reforms. The goal is to determine the prospects of expanding the scope of e-procurement based on the analysis of the implementation of the reform of public procurement systems effects in Russia and Ukraine. Public procurement is a fundamental component of social and economic policy of any state, by means of this mechanism the government has the ability to create and influence the industry for future changes in production structures, increase efficiency and more rapid transition to an innovative new type of economy. Procurers are dependent on funds that provide their functioning and providing services to the population. Provision of works, goods and services to such customers is carried out by means of public procurement market, which, enhances the efficiency and transparency of spending money through a contractual relationship satisfying the needs of the state. The share of public procurement (including procurement of state-owned companies) is more over 25% of Russia's GDP, while in Ukraine - more than 7%. That's why it is possible to make a comparative analysis of public procurement reform in Russia and the Ukraine, whose legal approach is quite close (Tsygankov & Syropyatov, 2014).

scholarly journals KONSEP PERTAHANAN SEBAGAI PUBLIC GOOD ATAU MONOPOLI ALAMIAH MENURUT SISTEM EKONOMI KERAKYATAN

2021 ◽  
Vol 2 (2) ◽  
pp. 98-110
Author(s):  
Endro Tri Susdarwono
Keyword(s):  
Public Goods ◽  
Public Good ◽  
Natural Monopoly ◽  
National Defense ◽  
Private Company ◽  
Goods And Services ◽  
Economic Concept ◽  
The People ◽  
Market Economy System ◽  
The Government

The purpose of this study is to provide an overview of the debate about the economic concept which states that defense is a public good and which states that defense is not a public good but a natural monopoly based on understanding according to the market economy system and the populist economic system. This research is a qualitative research, the type of research uses a comprehensive analytical study and analytical normative approach. The approach in this study uses a descriptive approach. Is national defense public goods purely (public good)? We can divide this question into three parts. (1) Is the national defense of goods? (2) Does national defense have the characteristics of jointness? (3) And whether national defense has characteristics without exception (non-exclusion). Association in the sense of controlling the lives of many people is all branches of production of goods and services whose results are used by everyone, or almost everyone. So defense as a product can be interpreted as a branch of production that controls the lives of many people because it can be said that defense is the same concept as the concept of "basic needs". All people in the country of Indonesia need defense and this is also reinforced with the aim of having a state in paragraph IV of the Preamble of the 1945 Constitution "Then to form an Indonesian government that protects all the people of Indonesia and all of Indonesia's blood." The results of this study state that the reason why the government supplies national defense is not because national defense is public goods. (1) that national defense is a natural monopoly and (2) citizens will fear that if a private company controls a monopoly, the owner of the company can use his power to overthrow the government.

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