scholarly journals UPAYA KEBERATAN DALAM PENGADAAN BARANG/JASA PEMERINTAH DIKAITKAN DENGAN PRINSIP DALAM GOVERNMENT PROCUREMENT AGREEMENT

2017 ◽  
Vol 3 (1) ◽  
pp. 195
Author(s):  
Arief Budi Yulianto
Keyword(s):  
Dispute Resolution ◽  
Government Procurement ◽  
International Standard ◽  
The Public ◽  
The World ◽  
The Government ◽  
Dispute Resolution Mechanism ◽  
The Government Procurement ◽  
Auction Procedure ◽  
The Doors

<p><em>The Government Procurement Agreement (GPA)</em><em>, as part of agreements made within the purview of the  World</em><em> Trade Organization (WTO)</em><em>, </em><em>opens up the doors for foreign businesses to enter the</em><em> domestic </em><em>market of government procurement</em><em> (goods/services).  Indonesia at present does not yet signed the GPA but decided to become an observer instead. Consequently, the government decides to harmonize its national laws regulating government procurement mechanism or procedure with the international standard (GPA). This article shows that there still exist a huge difference in how the national law regulates the public auction procedure (complaints, challenges and dispute resolution mechanism) with the GPA, which is used as a reference.  This situation should be dealt with should Indonesia decides to sign and ratify the GPA.</em></p>

scholarly journals Harmonization of Arbitration Laws in some Asian and European Countries

Pro Futuro ◽  
2021 ◽  
Vol 10 (4) ◽  
Author(s):  
Gauri Nirwal
Keyword(s):  
Public Policy ◽  
International Trade ◽  
Dispute Resolution ◽  
European Countries ◽  
International Arbitration ◽  
The Public ◽  
The World ◽  
Recognition And Enforcement ◽  
Dispute Resolution Mechanism ◽  
The Relationship

The present paper studies the relationship between domestic and international arbitration laws and the harmonization factor amongst some Asian and European jurisdictions. During the last decades, there has been a significant change and globalization in the world and with the expansion of businesses and trade a better dispute resolution mechanism is required in order to maintain the harmony in international trade. It has become a necessity to balance the domestic arbitration laws with the international ones. This brief paper identifies and comments on some of the areas where differences remain including differences in recognition and enforcement of arbitral awards in various jurisdictions over the public policy defence, and where further examination and research to reach and solve disputes amicably might be useful.

scholarly journals Services procurement under the WTO's Agreement on Government Procurement: whither market access?

2011 ◽  
Vol 10 (4) ◽  
pp. 527-549 ◽  
Author(s):  
ANIRUDH SHINGAL
Keyword(s):  
Statistical Analysis ◽  
Market Access ◽  
Home Bias ◽  
Government Procurement ◽  
Foreign Firms ◽  
Purchase Decisions ◽  
The World ◽  
The Government ◽  
The Government Procurement ◽  
Over Time

AbstractThis paper studies the government procurement of services from foreign suppliers by conducting a statistical analysis of data submitted by Japan and Switzerland to the WTO's Committee on Government Procurement. Using several metrics, the paper examines whether the WTO's Agreement on Government Procurement (GPA) has led to greater market access for foreign suppliers in services procurement. Our results indicate that despite the GPA, the proportions of services contracts awarded to foreigners have declined over time for both countries and that in the absence of this decline, the value of services contracts awarded to foreign firms would have been more than 15 times higher in the case of Japan and nearly 68 times more in the case of Switzerland. We also find that for the same services categories, the Japanese government is not purchasing as much from abroad as its private sector is importing from the rest of the world, a finding that further points to the home-bias in that government's public purchase decisions.

E-Government : an exploratory study of online government procurement

2008 ◽  
Vol 5 (2) ◽  
pp. 15
Author(s):  
Maniam Kaliannan
Keyword(s):  
Public Sector ◽  
Empirical Investigation ◽  
Government Procurement ◽  
Management Tool ◽  
Government Service ◽  
The Public ◽  
Organizational Perspective ◽  
Effective Manner ◽  
The Government ◽  
Government Level

The quest to improve the government service delivery is becoming an important agenda for most governments. The introduction oflCT in the public sector especially E-Government initiatives opens up a new chapter in the government administration throughout the world. Governments have deployed ICT to serve their citizens in an efficient and effective manner. This paper presents an empirical investigation of Malaysian government's e-Procurement initiative (locally known as e-Perolehan). The aim of the paper is to examine factors that influence the current and future use of the system within the supplier community. These factors are grouped in three perspectives, (i) organizational perspective; (ii) technological perspective; and (Hi) environmental perspective. The general consensus amongst both the buyer and seller communities is that e-procurement will become an important management tool to enhance the performance of supply chain especially in the public sector. However, before this occurs, the findings suggest that several issues must be addressed by the relevant authorities in light of the three perspectives as mentioned above, to improve the procurement process at the federal government level.

Normative Juridical Review Comparison of Land Acquisition Regulations for Railway Infrastructure between Indonesia and Malaysia

2020 ◽  
Vol 4 (1) ◽  
Author(s):  
Dhina Setyo Oktaria ◽  
Agustinus Prasetyo Edi Wibowo
Keyword(s):  
Public Interest ◽  
Influencing Factor ◽  
Land Acquisition ◽  
Infrastructure Development ◽  
The Public ◽  
Indonesian Government ◽  
The People ◽  
Railway Infrastructure ◽  
The World ◽  
The Government

Land acquisition for public purposes, including for the construction of railroad infrastructure, is a matter that is proposed by all countries in the world. The Indonesian government or the Malaysian royal government needs land for railroad infrastructure development. To realize this, a regulation was made that became the legal umbrella for the government or royal government. The people must agree to regulations that require it. Land acquisition for public use in Malaysia can be completed quickly in Indonesia. The influencing factor is the different perceptions of the understanding of what are in the public interest, history and legal systems of the two countries as well as the people's reaction from the two countries

scholarly journals Emancipating the Image: The Beijing Olympics, Regeneration, and the Power of Performance

2013 ◽  
Author(s):  
Carol Mei Barker
Keyword(s):  
Olympic Games ◽  
Public Image ◽  
Beijing Olympics ◽  
The Public ◽  
Susan Sontag ◽  
Counter Narrative ◽  
The Everyday ◽  
The World ◽  
The Government ◽  
Rapid Transformation

“In China, what makes an image true is that it is good for people to see it.” - Susan Sontag, On Photography, 1971 The Olympic Games gave the world an opportunity to read Beijing’s powerful image-text following thirty years of rapid transformation. David Harvey argues that this transformation has turned Beijing from “a closed backwater, to an open centre of capitalist dynamism.” However, in the creation of this image-text, another subtler and altogether very different image-text has been deliberately erased from the public gaze. This more concealed image-text offers a significant counter narrative on the city’s public image and criticises the simulacrum constructed for the 2008 Olympics, both implicitly and explicitly. It is the ‘everyday’ image-text of a disappearing city still in the process of being bulldozed to make way for the neoliberal world’s next megalopolis. It exists most prominently as a filmic image text; in film documentaries about a ‘real’ hidden Beijing just below the surface of the government sponsored ‘optical artefact.’ Film has thus become a key medium through which to understand and preserve a physical city on the verge of erasure.

Ökologische Aspekte im öffentlich-rechtlichen Beschaffungswesen

2021 ◽  
Author(s):  
Felix Steengrafe
Keyword(s):  
International Law ◽  
Public Procurement ◽  
German Law ◽  
Government Procurement ◽  
Environmental Concerns ◽  
European Law ◽  
Environmental Criteria ◽  
The Government ◽  
Model Law ◽  
The Government Procurement

The awarding of public contracts is of considerable economic importance and for this reason can be used to promote environmental concerns. The present work examines whether environmental criteria may be taken into account in the context of public procurement. To answer this question, the Government Procurement Agreement and the UNICTRAL Model Law on Public Procurement are considered at the level of international law. In European law, the primary as well as the relevant secondary law requirements and, in German law, the Cartel and Budget Procurement Law are assessed. This analysis also includes the interactions between the three levels.

scholarly journals COMPARATIVE STUDY OF PHYSICAL AND BACTERIOLOGICAL ANALYSIS OF BOREHOLE WATER IN KOGI STATE

2021 ◽  
Vol 9 (10) ◽  
pp. 925-932
Author(s):  
Azeez Anyila ◽  
Keyword(s):  
Water Shortage ◽  
Salmonella Spp ◽  
Public And Private ◽  
The Public ◽  
Significant Challenge ◽  
Standard Procedures ◽  
The World ◽  
Borehole Water ◽  
Access To Water ◽  
The Government

Water is an essential part of human existence. It is universally utilized for various purposes ranging from drinking to other domestic purposes. The need for access to water has been a significant challenge for governments all over the world. In Nigeria, there is a growing concern about the water shortage in various communities across the country. In a bid to overcome water scarcity, the government providesboreholes in many places. However, the inadequacy of functional public boreholes has led to the proliferation of private boreholes across the country, which the quality is doubtful. The purpose of the present study was to compare the physical and bacteriological compositions of the public and private boreholes in Kogi state, Nigeria. A total of ten water samples were collected from different public and private boreholes in three locations in the state. Standard procedures were followed in analyzing the samples. The analysis revealed the presence of salmonella spp, Escherichia coli, pseudomonas aeruginosa in the private boreholes.

scholarly journals International Legal and Economic Aspects of Dispute Resolution within the WTO in the Context of International Integration

2021 ◽  
Vol 14 (2) ◽  
pp. 64-71
Author(s):  
V. P. Kirilenko ◽  
Yu. V. Mishalchenko ◽  
A. N. Shchepova
Keyword(s):  
Dispute Resolution ◽  
Dispute Settlement ◽  
The European Union ◽  
Advantages And Disadvantages ◽  
Legal Remedies ◽  
The World ◽  
System Functioning ◽  
Dispute Settlement System ◽  
Dispute Resolution Mechanism ◽  
Settlement Of Disputes

The article discusses issues related to the settlement of disputes within the framework of the World Trade Organization, as well as assesses the advantages and disadvantages of this system. The specific problems of the dispute settlement system functioning today are considered, and options for optimizing the dispute resolution mechanism and various ways to improve the effectiveness of legal remedies in cases of non-compliance with decisions are proposed. Special attention is paid to the latest topical disputes involving the Russian Federation, the European Union, Ukraine, China and USA resolved within the framework of the World Tr ade Organization, as well as to the crisis faced by the organization due to the absence of a permanent appeals body.

scholarly journals Perlindungan Hukum terhadap Hak Pekerja Perempuan Di Masa Pandemi Covid-19

2020 ◽  
Vol 12 (2) ◽  
pp. 226
Author(s):  
Conie Pania Putri
Keyword(s):  
Women Workers ◽  
The Public ◽  
Female Workers ◽  
Library Research ◽  
The World ◽  
Work Relationship ◽  
The Government ◽  
Employment Of Women ◽  
The Impact ◽  
Collection Methods

The world is currently being faced by a global covid-19 pandemic, including in Indonesia this pandemic is very disturbing to the public. Manpower development must be regulated in such a way that basic rights and protections for workers are fulfilled, especially for women workers so as to create conducive conditions. The purpose of this paper is to find out the policies issued by companies for workers, especially women workers during the Covid-19 pandemic. This writing method is library research, which is a series of research related to library data collection methods, or research where the object of research is excavated through a variety of library information. The results obtained in this paper are that the company policies that terminate employment of women during the Covid-19 pandemic are protected by Law Number 13 of 2003 concerning Manpower, the losses caused by the company have not reached 2 years, the company cannot simply terminate the work relationship, Then there needs to be other efforts provided by companies or the government in overcoming the impact of Covid-19 on laid-off workers so that they can limit working time / overtime and workers can be sent home without breaking the work relationship The suggestion is expected that the government should supervise and act decisively against companies that employ female workers.

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