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)

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 APPLICATION OF FIVE-STREAM FRAMEWORK CONCEPT IN E-PROCUREMENT IMPLEMENTATION IN DEPOK: A REVIEW OF LITERATURE

2020 ◽  
Vol 18 (1) ◽  
pp. 121-141
Author(s):  
Nuurul Fajari Fadhillah ◽  
Vishnu Juwono
Keyword(s):  
Policy Implementation ◽  
Public Procurement ◽  
Data Sources ◽  
Review Of Literature ◽  
Services Sector ◽  
The Public ◽  
Goods And Services ◽  
Digital Era ◽  
Public Policy Implementation ◽  
The Government

In the current digital era, technology distribution in all sectors is crucial, no exception in the procurement of goods and services sector. Knowing this situation, the government then makes a policy that requires the process of procurement done electronically through the e-procurement application. By implementing this policy, the government expects an improvement of transparency, accountability, and efficiency in the process of procurement. To support this effort, in the year 2018 government also issued the Peraturan Presiden No. 16 Tahun 2018 on Public Procurement of Goods and Services, which provides an expansion of the role for stakeholders to engage in the process of procurement.One of the cities that implement e-procurement is Depok through its Working Unit for Procurement of Goods and Services (UKPBJ). This city even received numerous awards while implementing this policy. Nevertheless, there are many high fraud potential and corruption cases in this sector in the last few years. Through this research, the author seeks to provide recommendations of e-procurement implementation in Depok based on the public policy implementation concept from Howlett (2018), which does emphasize the importance of stakeholder role. The data on this research is gathered through the literature review methods while still paying attention to the credibility of data sources. The results of the analysis using this concept preceded by stakeholder mapping based on Emmy (2015) explanation show that the stakeholder role is crucial and must be maintained. Besides, efforts to increase transparency are also needed to facilitate stakeholders doing their role.

scholarly journals Esham, the Origin of Sukuk for Facing the Crisis: Historical Experience

2021 ◽  
Vol 10 (1) ◽  
pp. 45
Author(s):  
Khairunnisa Musari
Keyword(s):  
Lower Cost ◽  
Low Cost ◽  
Foreign Debt ◽  
Historical Experience ◽  
The Public ◽  
Goods And Services ◽  
The Past ◽  
State Budgets ◽  
The Difference ◽  
The Government

Pandemic brings a crisis. This makes world leaders have to work hard and smartly in managing state budgets. During the heyday of Islam, Muslims also faced crises. Given that time the power of Islam mastered many areas of the world, it can be assumed that the crisis that occurred in the past was a global crisis as it is happening today. The difference is the crisis that occurred at the time because of losing the war. This paper tries to describe the historical experience of the esham, one of the fiscal instruments in the Islamic world that helped the Ottoman Empire overcome the crisis. Esham has mobilized low-cost funds from the public in a relatively concise time. Esham served as a better choice than looking for foreign debt. As the origin of sukuk, esham has simpler structure so that can be used as an alternative to sukuk with a lower cost. To deal with a crisis, esham may intervene in the economy. Esham funds to the real sector in turn will help the government drive the economy as well as control prices in the market for goods and services. Therefore, esham has the potential in facing the crisis.

scholarly journals FOREIGN EXPERIENCE IN REGULATING THE PUBLIC PROCUREMENT SYSTEM

2021 ◽  
Vol 7 (1) ◽  
Author(s):  
Yernur Mukhtar ◽  
Yuri Toluev
Keyword(s):  
System Analysis ◽  
Public Procurement ◽  
Economic Assessment ◽  
Developed Countries ◽  
Scientific Article ◽  
Regional Institutions ◽  
The Public ◽  
Foreign Experience ◽  
The Government ◽  
Procurement System

The relevance of this research topic lies in the fact that public procurement requires in-depth consideration and comprehensive analysis, including the scientific and methodological level of analysis. The use of special legal documents in public procurement and the specific procedure for the execution of these documents is not a factor in the full understanding of this direction, including the economic assessment of the entire process. An economic and statistical approach using system analysis is required, which was used by the authors of the scientific article as the proposed research methodology. One of the main parts of the progressive process of commodity exchange in the economies of the analyzed countries is the mechanism for building public procurement. Currently, the problem of material and technical support of public needs in developed countries is solved as a result of logistics processes in the system of public procurement through the acquisition and supply of goods, works, and services, tangible and intangible resources. The article submits a review of foreign experience in building a public procurement system with special features characteristic of this region of the world, presented as an object of research. Country aspects in the object under study and allowed the authors to formulate the relevant main results and conclusions concerning various parties in the public procurement system, which determined the further strategy to improve the procurement system of the government and international integration union. Key words: public procurement (PP), regulation of the public procurement system, government orders, entrepreneurship, international regional institutions, regulation of the public procurement system, procurement, USA, European Union (EU), Poland, Germany, World Bank.

scholarly journals METHODS AND WAYS OF ASSESSMENT OF LOSSES FROM CORRUPTION THEFT IN PUBLIC SECTOR OF ECONOMY

2019 ◽  
pp. 131-141 ◽  
Author(s):  
Sergei Aleksandrovich Konovalenko ◽  
Georgy Ismaylovich Harada ◽  
Nazirkhan Gadzhievich Gadzhiev
Keyword(s):  
Public Sector ◽  
Political Development ◽  
Negative Impact ◽  
The State ◽  
Public Funds ◽  
Public Companies ◽  
Financial Flows ◽  
The Public ◽  
Goods And Services ◽  
The Government

Implementation of the decisions made in the course of management of economic and socio-political development of the state causes the adequate financial flows forming the budgetary sphere of the state. The trouble in this sphere does not allow to provide the necessary level of economic growth, hampers reforming of the economy, makes negative impact on commercial and foreign economic activity, interferes with improvement of monetary and credit, tax, insurance and other spheres of the financial system of the Russian Federation. The offenses connected with corruption and theft of budget funds committed by officials at various levels significantly undermine the authority of the government, cause a growth of discontent of society and impact the social and economic situation in the country. The practice of identifying the offenses connected with theft of public funds and property shows that practically all spheres of the public sector of economy are, to a greater or lesser extent, subject to the risks of such crimes commitment. In this regard, a research of methods and ways of assessment of corruption theft amount in the public sector of the economy is an important and hot topic. The main types of public funds theft have been analyzed, including theft of budget funds allocated in the form of grants for targeted measures; theft by overcharging the prices of goods and services used for the state needs; the acquisition of inventory for personal use of the heads of public companies at the expense of the company, etc. The dynamics of the amount of budget crimes in the Ryazan region has been analyzed. It was inferred that corruption crimes in the public sector of the Ryazan region include fraud, abuse of power, abuse of authority, illegal participation in business, as well as taking bribes. A set of measures for preventing the above crimes has been proposed.

scholarly journals Expert Information as an Evidence of Criminal Act of Corruption in Goods and Services Procurement

2018 ◽  
Vol 7 (3) ◽  
pp. 295
Author(s):  
I Gusti Ayu Stefani Ratna Maharani
Keyword(s):  
Research Methods ◽  
Strong Base ◽  
The Public ◽  
Limited Knowledge ◽  
Expert Information ◽  
Goods And Services ◽  
The Social ◽  
The Government

This research is focused to identify and analyze the role of the expert information as evidence in the case of corruption. One of the criminal acts of corruption that often occurs in the government is the criminal act of corruption in goods and services procurement, in which the perpetrators have abused the social aid fund from the government. There was the case of criminal act of corruption in goods and services procurement for social aid fund that occurred in Tabanan -Bali, which committed by I Wayan Sukaja, who had corrupted the State’s financial or social aid fund. Within the process of verification in the trial, the public prosecutors submit 2 (two) experts who provided information to assist in terms of verification. This study uses normative research methods. The purpose of this study is to analyze the role of expert information as evidence in criminal act of corruption. The role of an expert cannot be ignored because it will help the judges, prosecutors and lawyers who have limited knowledge. If the expert’s information is contrary, it could be ruled out by the judges but the expert’s information that excluded must be based on clear reason, and the judges must have strong base in assess the role of the expert’s information.

Companies convicted of economic crimes and their participation in government tender processes in South Africa: A comment on Namasthethu electrical (PTY) LTD v City of Cape Town and another (201/19) [2020] ZASCA 74 (29 JUNE 2020)

2021 ◽  
Vol 8 (1) ◽  
pp. 102-122
Author(s):  
Jamil Ddamulira Mujuzi
Keyword(s):  
South Africa ◽  
South African ◽  
Public Procurement ◽  
Cape Town ◽  
African Countries ◽  
The Public ◽  
South African Police Service ◽  
The Government ◽  
South African Police ◽  
Economic Crimes

In South Africa, persons or companies convicted of fraud or corruption or companies whose directors have been convicted are debarred from participating in bidding for government tenders. Although it is easy to establish whether or not a natural person has been convicted of an offence, because a certificate can be obtained from the South African Police Service to that effect, it is the opposite with juristic persons. This issue came up in the case of Namasthethu Electrical (Pty) Ltd v City of Cape Town and Another in which the appellant company was awarded a government tender although the company and its former director had been convicted of fraud and corruption. The purpose of this article is to analyse this judgment and show the challenges that the government is faced with when dealing with companies that have been convicted of offences that bid for government tenders. Because South Africa is in the process of enacting public procurement legislation, the Public Procurement Bill was published for comment in early 2020. One of the issues addressed in the Bill relates to debarring bidders who have been convicted of some offences from bidding for government tenders. Based on the facts of this case and legislation from other African countries, the author suggests ways in which the provisions of the Bill could be strengthened to address this issue.

scholarly journals Supply Chain Manipulation, Misrepresentation, and Magical Thinking During the COVID-19 Pandemic

2020 ◽  
Vol 50 (6-7) ◽  
pp. 628-634
Author(s):  
Christopher L. Atkinson ◽  
Clifford McCue ◽  
Eric Prier ◽  
Allison M. Atkinson
Keyword(s):  
Public Procurement ◽  
Well Being ◽  
The United States ◽  
Magical Thinking ◽  
Public And Private ◽  
Case Examples ◽  
The Public ◽  
Goods And Services ◽  
Short Run ◽  
Political Advantage

The COVID-19 pandemic has placed remarkable stress on all aspects of society, from health care and the economy to the psychological well-being of communities. While the crisis is still playing out in the United States and around the world, it is nevertheless appropriate to begin to assess its impact. This article asks: What documentable public failures provide a deeper understanding of the U.S. government COVID-19 responses’ impact on supply chains? Case examples show that markets were adversely affected in ways that caused avoidable shortages of critical goods and supplies. Moreover, public procurement effectiveness was likely reduced by short-run efforts to obtain political advantage. The article begins with a brief review of disaster procurement, highlighting how public procurement professionals tried to respond to the COVID-19 pandemic. The next section delineates three politically led phenomena that adversely impacted procurement’s ability to acquire the needed goods and services, including a lack of cohesive strategy in acquiring essential personal protective equipment; preference for unproven drugs and magical thinking; and cozy relationships between the public and private sectors. The article concludes by discussing the centrality of public sector procurement professionals as a critical link for effective provision of government services, especially in times of crisis.

Effectiveness of Public Procurement Act (PPA), in Curbing Corruption in the Public Service in Nigeria – A Study of Selected MDAs in FCT,Abuja

2020 ◽  
Vol 7 (1) ◽  
pp. 42-58
Author(s):  
Kanu Success Ikechi ◽  
Benedict Anayochukwu Ozurumba ◽  
Akuwudike Hilary Chinedum
Keyword(s):  
Public Service ◽  
Personal Information ◽  
Public Procurement ◽  
Sampling Technique ◽  
Political Will ◽  
The Public ◽  
Goods And Services ◽  
Public Resources ◽  
Different Dimensions ◽  
Convenience Sampling

This study investigated the effect of Public Procurement Act (PPA), 2007 in curbing corruption in public services in Nigeria. The research is prompted by the sheer waste of public resources in the process of public procurements which necessitated the enactment of the PPA in 2007. The operations of the Act requires constant appraisal in order to achieve the desired objectives, hence the main goal of this study. Convenience sampling technique was used to collect data from a sample of 50 staff from 3 select MDA’s operating at the FCT, Abuja. Questionnaires were used to collect data and this was administered through personal delivery. The survey questionnaire measured the different dimensions of corruption in public service in Nigeria. The research design used 2 scales to collect the data. The nominal scale was used to collect personal information about respondents while an open ended questionnaire format was used to measure the response of all dimensions on subject matter .Data analysis was performed with the aid of simple percentages and descriptive statistics. Result obtained establishes that the PPA has helped to curb corrupt practices, improved on transparency and accountability in procurement process. It has minimized discrimination in the awards of contract. It has also helped to facilitate the procurement of works, goods and services in the select MDA’s. Most of the respondents opined that they have adequate value for money in their procurements but that goods and services procured may not have been delivered on time. The major problems confronting procurement practice in some of the select MDA’s include lack of experienced staff and inadequate training. Thus, the study recommends a strong commitment to capacity building and the political will to implement the PPA at all tiers of government in Nigeria. The federal government should be determined in her resolve to fight corruption. This is very crucial for an effective public procurement practice in Nigeria

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>

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