scholarly journals The Concept of Private-Administration Contracts in Settling Problems in Government Goods/Services Procurement Contracts

2021 ◽  
Vol 10 ◽  
pp. 662-667
Author(s):  
Solechan Solechan ◽  
Keyword(s):  
Problem Solving ◽  
Legal Aspects ◽  
Administrative Law ◽  
Government Procurement ◽  
Private Law ◽  
Legal Relationship ◽  
Procurement Contract ◽  
Government Procurement Contract ◽  
Service Procurement ◽  
Procurement Contracts

Contracts for the procurement of government goods/services are the realm of private law that implements pure private contracts. A legal relationship in a private contract, especially in a contract settlement, is a relationship between the settlement of the rights and obligations of the parties. This study describes the settlement of government goods/service procurement contracts that require a legal basis both in principle and theory. By using the conceptual analysis method, the findings indicate an inconsistency in solving a legal problem in a government procurement contract, where private legal issues are resolved through administrative law. Theoretically, this study contributes to the resolution of this problem, there are intersections between two legal aspects, namely private law and administrative law. In practical terms, this study encourages the development of government goods/service procurement contract problem-solving practices to adopt the contract problem-solving method starting to use administrative law.

Designing Audit Apps for Armchair Auditors to Analyze Government Procurement Contracts

2016 ◽  
Vol 13 (2) ◽  
pp. 71-88 ◽  
Author(s):  
Jun Dai ◽  
Qiao Li
Keyword(s):  
Open Data ◽  
Government Procurement ◽  
Open Government ◽  
Goods And Services ◽  
Procurement Contract ◽  
Open Government Data ◽  
New Type ◽  
Government Procurement Contract ◽  
Government Data ◽  
Procurement Contracts

ABSTRACT Each year, governments around the world spend billions of dollars purchasing a wide variety of goods and services. These governments must spend their money wisely in order to eliminate fraud, waste, and abuse of taxpayer dollars. Although government contracting systems are supposed to be transparent, people may still take advantage of these systems to gain benefits, which leads to high-risk contracts and, sometimes, costly government frauds. Recently, governments in some countries have started open data initiatives in order to make government operations more transparent to their citizens. With the open data, a new type of auditor, called an armchair auditor, could play an important role in monitoring government spending. An armchair auditor could be anyone who has an interest in government expenditures and who usually uses technologies to perform analyses on open data. Few studies have discussed how armchair auditors can better use the open data and what data analytics tools could be applied. To that end, this paper proposes a list of audit apps that could assist armchair auditors in analyzing open government procurement data. These apps could help investigate procurement data from different perspectives, such as validating contractor qualification, detecting defective pricing, etc. This paper uses Brazilian federal government procurement contract data to illustrate the functionality of these apps; however, the apps could be applied to open government data in a variety of other nations.

scholarly journals LEGAL RELATIONSHIP BETWEEN DOCTORS AND PATIENTS IN MEDICAL SERVICE EFFORTS

2017 ◽  
Vol 2 (1) ◽  
pp. 123
Author(s):  
Endang Kusuma Astuti
Keyword(s):  
Medical Care ◽  
Criminal Law ◽  
Medical Service ◽  
Civil Law ◽  
Legal Aspects ◽  
Administrative Law ◽  
Legal Responsibility ◽  
Medical Services ◽  
Legal Relationship ◽  
The Relationship

The relationship between doctor and patient is not equal. The relationship between doctor and patient gave birth to the legal aspects of which object of inspanningsverbintenis is maximum efforts for the recovery / maintaining the health of patients which performed with caution based on the knowledge and experience of the doctor to seek recovery of the patient. Legal relationship between doctor and patient in medical care effort began when the patient filed a complaint which responded to by a doctor. Doctor’s responsibility in medical services efforts include ethical, professional, and legal responsibility, which covers doctor’s responsibility related to criminal law, civil law and administrative law

THE LIABILITY OF UNILATERAL TERMINATION BY GOVERNMENT ON GOODS AND SERVICE PROCUREMENT CONTRACT

2018 ◽  
Vol 2 (1) ◽  
pp. 16
Author(s):  
Anton Cahyono ◽  
Ninis Nugraheni ◽  
Mokhamad Khoirul Huda
Keyword(s):  
Legal Regulation ◽  
Service Contract ◽  
Public Facilities ◽  
Procurement Contract ◽  
Unilateral Termination ◽  
Public Contracts ◽  
Contract Termination ◽  
The Government ◽  
Service Procurement ◽  
Procurement Contracts

<p>The increasing development in Indonesia, particularly the development of public facilities and infrastructures makes many public contracts, commonly called governmental goods and service contract, increase as well. It is a contract which one of the parties involves the government. In Indonesia, goods and service procurement contracts are not always well-conducted as expected. Lawsuits, which one of those is the liability from one party, may reveal in such contracts. Therefore, this study would discuss about an issue of unilateral contract termination on good-and-service procurement contract along with its solution. Referring to legal regulation related to governmental good-and-service procurement contract, President’s Regulation No. 54 Year 2010 on Governmental Goods and service Procurement and had been amended by President’s Regulation No. 4 Year 2015 about the Forth Amandment of President’s Regulation No. 54 Year 2010 about Governmental Goods and service Procurement.</p>

scholarly journals Analisis Yuridis Tentang Pelaksanaan Pengadaan Barang dan Jasa Pemerintah

2020 ◽  
Vol 1 (2) ◽  
pp. 228-239
Author(s):  
Andi Muhammad Refil ◽  
Ma'ruf Hafidz ◽  
Muhammad Rustam
Keyword(s):  
Empirical Research ◽  
Government Procurement ◽  
Goods And Services ◽  
Procurement Contract ◽  
Procurement Contracts

Penelitian bertujuan mengetahui pelaksanaan kontrak pengadaan Barang dan Jasa pemerintah di Kabupaten soppeng dan upaya yang dilakukan oleh pihak pengguna barang dan jasa bilamana terjadi keterlambatan di dalam penyelesaian pekerjaan pengadaan barang dan jasa Pemerintah di KabupatenSoppeng. Tipe penelitian ini adalah  penelitian empiris. Hasil penelitian Pelaksanaan Pengadaan barang dan jasa Pemerintah untuk menentukan penyedia barang dan jasa dilakukan dengan metode seleksi atau pelelangan. Kontrak Pengadaan Barang dan Jasa adalah perjanjian dimana suatu pihak yaitu penyedia barang dan jasa sepakat menyerahkan barang atau melaksanakan jasa tertentu dan pihak pengguna barang dan jasa sepakat membayar atas barang yang telah diserahkan atau jasa yang dilaksanakan, Kontrak pengadaan barang dan jasa Pemerintah pada Dinas Pendidikan Kabupaten Soppeng dibuat dengan akta dibawah ditangan. Upaya-upaya yang  dilakukan oleh pihak pengguna barang dan jasa bilamana terjadi keterlambatan di dalam penyelesaian pekerjaan pengadaan barang dan jasa Pemerintah di KabupatenSoppeng dengan menambah waktu pelaksanaan pekerjaan dengan amandemen Kontrak, sanksi denda, dan pemberhentian kontrak. This study aims to determine the implementation of government procurement contracts for goods and services in Soppeng Regency and the efforts made by the users of goods and services if there is a delay in completing the work of the procurement of government goods and services in Soppeng Regency. This type of research is empirical research. The results of research on the implementation of government procurement of goods and services to determine the providers of goods and services are carried out by the selection or auction method. The Goods and Services Procurement Contract is an agreement in which a party, namely a provider of goods and services, agrees to deliver goods or carry out certain services and the goods and services user agree to pay for the goods that have been delivered or services performed, a contract for the procurement of government goods and services at the District Education Office Soppeng made by deed under the hand. Efforts made by the users of goods and services when there is a delay in the completion of the work of the procurement of government goods and services in Soppeng Regency by increasing the time for carrying out the work by amending Contracts, sanctions fines, and terminating contracts.

On Re-invigorating the Australia-China Free Trade Agreement Negotiation Process

2013 ◽  
pp. 672-696 ◽  
Author(s):  
Ling Ling He
Keyword(s):  
Free Trade ◽  
Free Trade Agreement ◽  
Trade Agreement ◽  
Negotiation Process ◽  
Government Procurement ◽  
Procurement Contracts ◽  
The Way

Driven by both economic and geopolitical imperatives, negotiation of the Australia-China Free Trade Agreement (ACFTA) has been slow and difficult. The negotiation process has reached an impasse since the latest round took place in March 2012. Major reasons for this include difficulties encountered in negotiating on agriculture, services, investment, and government procurement contracts and surrounding populist resistance from both Australian and Chinese domestic constituencies. Following more than eight years of negotiations and establishment of closer trade related ties, there is a lot at stake for both countries in the outcome of these discussions. This paper examines these issues and of the way forward towards a workable negotiation process.

scholarly journals ARBITRATION OF THE DISPUTES IN CONNECTION WITH PUBLIC PROCUREMENT CONTRACTS IN BOSNIA AND HERZEGOVINA

2021 ◽  
pp. 65-72
Author(s):  
Z. Grbo
Keyword(s):  
Bosnia And Herzegovina ◽  
Public Procurement ◽  
The Public ◽  
Procurement Contract ◽  
Legal Nature ◽  
Arbitration Procedure ◽  
Procurement Contracts

In the article, the author analyses the possibilities of using arbitration procedure to settle disputes arising from the conclusion of a public procurement contract in Bosnia and Herzegovina. The author studies the nature of the public procurement contract and concludes that this contract is of a private legal nature, so the resolution of disputes related to the execution of the contract is possible in arbitration proceedings.

Administrative Law and Private Law

The Justice ◽  
2020 ◽  
Vol 181 ◽  
pp. 80-108
Author(s):  
Hyun-Joon Kim
Keyword(s):  
Administrative Law ◽  
Private Law
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