scholarly journals Juridical Analysis on the Procurement of Goods/ Services of the Government to Realize Good Governance (Research Studies in the Department of Human Settlements and Layout Batam City)

2021 ◽  
Vol 8 (11) ◽  
pp. 63-77
Author(s):  
Hamidi . ◽  
Sabela Gayo ◽  
Ariman Sitompul

The objectives of this research are to know how setup law on public procurement on goods/ services, how the implementation of public procurement o and what are the barriers factors and alternative solutions in public procurement. The writing methods are normative and empirical methods. The result of this study has shown that Presidential Decree Number 16 Years 2018 as the legal arrangements for public procurement can be used as complete guidelines in the public procurement on goods/services; the implementation of the legal arrangements are not optimal yet; there is an overlap of job function and human resources competencies is not complied yet. The recommendation of this study are the implementation of Presidential Decree Number 16 Years 2018 will be effective since there is local regulations/Mayor Decree as a technical guidance to things that are still not regulated, so that the legal arrangements for the public procurement on goods/services can be used as complete guidelines in the public procurement; must develop the level of compliance in implementing or implementing the Presidential Decree and several other technical regulations; make a clear of job description and human resources competencies need to be improved. Keywords: Legal Arrangements, Implementation, Barrier Factors.

2021 ◽  
Vol 29 (2) ◽  
pp. 24
Author(s):  
Pangeran Teguh Anugrah ◽  
Abdul Kadir ◽  
Pin Pin

District is part of the government organization that is closest to dealing directly with the community and spearheading the success of regional development, especially in Medan, where the District will be seen directly in planning and controlling development and services, and a reflection of good governance in Medan. The objectives of this study are as follows: (i) to describe the Good Governance implementation in the District, especially in the District of Medan Helvetia, (ii) to analyze the factors that support and inhibit the implementation in the District, especially in the District of Medan Helvetia.The form of descriptive research using a qualitative approach, this research was conducted in the District of Medan Helvetia. The informants consisted of key informants, namely the Head of District and their apparatus as many as 4 people who were determined purposively and the Main informant namely the community who were taken accidentally as many as 20 people at the time of the study. Primary data comes from interviews and secondary data from literature studies and other written documents. After the data and information needed has been collected, the researcher then sifts through the data and information into the research indicators that have been determined. After the data and information are grouped, the researcher then presents the data and analyzes the data qualitatively.Research Results: The good governance implementation in Medan Helvetia District Office refers to the Decree of the District of Medan Helvetia number 138/19-17/SK-MH/IX/2015 on Standard Operating Procedures (SOP) in Medan Helvetia District Environment. In general, the implementation analysis as follows: (i) Standards and Policy Objectives: public servants have attempted to achieve the public service goals they have set, (ii) Resources: human resources and support resources or facilities, researchers see still shortcomings, (iii) Inter-Organizational Relations: inter-organizational relationships implemented in Medan Helvetia  District are good, (iv) Characteristics of the Implementing Agent: the characteristics of the existing implementing agent can already be applied by the implementor of public services in both the public service in Medan Helvetia district, (v) Social, Political, and Economic Conditions: on the variable social, economic and political conditions, the implementors of public services in providing public services do not discriminate between each other, (vi) Implementor Disposition: the attitude given by the implementor of public services is friendly and courteous when providing public services. Supporting factors are cooperation with stakeholders, commitment of the head district (Camat), and the economic potential of the region and opportunities of private CSR, while the Inhibitor Factors are Lack of community participation, lack of human resources apparatus, lack of funds and some damaged road and drainage infrastructure.


2016 ◽  
Vol 1 (1) ◽  
pp. 19-25
Author(s):  
Baso Madiong

Research entitled the influence of the expansion Area of the cultural values of society of West Sulawesi province aims to study the formation mechanism of the new autonomous region, as well as more healt not neglecting the terms that have been determined. and that is not less important is the readiness of the region concerned, both in aspects of the financing, human Resources and the credibility of the bureaucracy in the management of good governance and better. the other thing is to do the capacity of the public to control the performance of the Executive and the legislature which is especially representative of the people who tend to exploit the people. so that the spirit of the sea area bottom line is improving public services and rich people and does not pose a conflict of cultures really manifested in a more benevolent and wise. The method used is the guidance to the Government and society in General about the real purpose of the expansion area as well as coaching the community who are in conflict due to the expansion region.


Author(s):  
Yuskar Yuskar

Good governance is a ware to create an efficient, effective and accountable government by keeping a balanced interaction well between government, private sector and society role. The implementation of a good governance is aimed to recover the public trust for the government that has been lost for the last several years because of financial, economic and trust crisis further multidimensional crisis. The Misunderstanding concept and unconcerned manner of government in implementing a good governance lately have caused unstability, deviation and injustice for Indonesia society. This paper is a literature study explaining a concept, principles and characteristics of a good governance. Furthermore, it explains the definition, development and utility of an efficient, effective and accountable government in creating a good governance mechanism having a strong impact to the democratic economy and social welfare. It also analyzes the importance of government concern for improving democratic economy suitable with human and natural resources and the culture values of Indonesia.


Author(s):  
_______ Naveen ◽  
_____ Priti

The Right to Information Act 2005 was passed by the UPA (United Progressive Alliance) Government with a sense of pride. It flaunted the Act as a milestone in India’s democratic journey. It is five years since the RTI was passed; the performance on the implementation frontis far from perfect. Consequently, the impact on the attitude, mindset and behaviour patterns of the public authorities and the people is not as it was expected to be. Most of the people are still not aware of their newly acquired power. Among those who are aware, a major chunk either does not know how to wield it or lacks the guts and gumption to invoke the RTI. A little more stimulation by the Government, NGOs and other enlightened and empowered citizens can augment the benefits of this Act manifold. RTI will help not only in mitigating corruption in public life but also in alleviating poverty- the two monstrous maladies of India.


Author(s):  
Yernur Mukhtar ◽  
Yuri Toluev

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.


2021 ◽  
Vol 8 (4) ◽  
pp. 395-404
Author(s):  
Maurice S. Nyarangaa ◽  
Chen Hao ◽  
Duncan O. Hongo

Public participation aimed at improving the effectiveness of governance by involving citizens in governance policy formulation and decision-making processes. It was designed to promote transparency, accountability and effectiveness of any modern government. Although Kenya has legally adopted public participation in day-to-day government activities, challenges still cripple its effectiveness as documented by several scholars. Instead of reducing conflicts between the government and the public, it has heightened witnessing so many petitions of government missing on priorities in terms of development and government policies. Results show that participation weakly relates with governance hence frictions sustainable development. Theoretically, public participation influences governance efficiency and development, directly and indirectly, thus sustainable development policy and implementation depends on Public participation and good governance. However, an effective public participation in governance is has been fractioned by the government. Instead of being a promoter/sponsor of public participation, the government of Kenya has failed to put structures that would spur participation of citizens in policy making and other days to activities. This has brought about wrong priority setting and misappropriation of public resources; The government officials and political class interference ultimately limit public opinion and input effects on decision-making and policy formulation, which might be an inner factor determining the failure of public participation in Kenya. The study suggests the need for strengthening public participation by establishing an independent institution to preside over public participation processes.


Author(s):  
Latifah Latifah ◽  
A. Rinto Pudyantoro

<p>Special Unit for Upstream Oil and Gas Business Activities (SKK Migas) is an institution established by the Government of the Republic of Indonesia through Presidential Regulation (Perpres) No. 9 of 2013 on the Management of Upstream Oil and Gas Business Activities. The task of SKK Migas is to manage the upstream oil and gas business activities based on cooperation contracts. The purpose of the establishment of this institution so that retrieval of natural resources of oil and gas owned by the State can provide maximum benefit and acceptance for the state to the greatest prosperity of the people. Based on these tasks and objectives, SKK Migas is responsible to the state and all Indonesian people to work properly, honestly, fairly, cleanly, transparently and competently in order to achieve good governance of state institutions. Therefore, internal monitoring (internal audit) and accountability of its human resources are required. This research has a purpose to test the influence of internal audit and human resource accountability to the achievement of good governance at SKK Migas institution. This research uses survey method with population of all staffs of SKK Migas. Sampling method used is sampling with purposive sampling technique. In this study, 145 samples were taken. Methods of data collection was done by using questionnaires containing several questions with the method of data analysis using multiple regression. The result of this research is to accept both hypothesis which is internal audit have positive effect toward the achievement of good governance in SKK Migas. And the accountability of human resources positively affect the achievement of good governance in SKK Migas.</p>


2021 ◽  
Vol 23 (1) ◽  
pp. 71
Author(s):  
Rahmi Ayunda ◽  
Nertivia Nertivia ◽  
Laode Agung Prastio ◽  
Octa Vila

Based on the history before the reform era, there have been many cases of government committing corruption, collusion and nepotism, this is the background of the movement to create a government to run good governance. As time has progressed, the time has come for a time that is all full of digitalization, both in the economy, education and politics. This research uses normative legal research methods. This study shows that the government in running its government will also be based on the development of sophisticated information technology which can be called E-Government. Therefore, there is now a time when the Indonesian government has used and allowed the Online Single Submission (OSS) system to make it easier for people who want to take care of business licensing. The implementation of good governance during the Industry 4.0 Revolution can take advantage of science, technology and information to provide good facilities and services to the Indonesian people, and the public can easily access government information.


2021 ◽  
Vol 8 (1) ◽  
pp. 102-122
Author(s):  
Jamil Ddamulira Mujuzi

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.


Author(s):  
Simeon Wanyama

This chapter is about corrupt practices in the public procurement cycle. Taking the example of Uganda, it identifies what takes place at each of the stages of public procurement and examines the perspectives of stakeholders regarding alleged corruption, misappropriation, and fraudulent practices during the public procurement process. It also reviews the governance systems that have been put in place to try and stem out these malpractices and ensure proper governance in the administration of public procurement. The research followed a qualitative approach aimed at getting the views of stakeholders and understanding whether what is in place is adhering to the principles of public procurement which foster good governance and value for money. The findings of the study indicate that the perception of the majority of the respondents is that corruption is pervasive in public procurement in Uganda despite good laws, regulations, and guidelines that have been put in place and that it manifests itself at all the stages of public procurement.


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