The Concept of Private-Administration Contracts in Settling Problems in Government Goods/Services 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.

KONTRAK PEGADAIAN BARANG DAN JASA DI DINAS PEKERJAAN UMUM KABUPATEN BREBES DITINJAU DARI PRESPEKTIF KENOTARIATAN

The Goods and Services Procurement Agreement is a complex agreement because it regulates many aspects both legally and technically about the procurement process of goods and services, requiring further study in order to find the ideal contract format for procurement of goods and services in accordance with the needs and able to provide protection and certainty law for the parties that make it.The problems in this research are: 1) How is the legal force of the government procurement contract made under the hands? 2) How is Notary's role in making government procurement contracts? 3) How is the legal protection of the parties in the event of breach of contract (wanprestasi) that harms the State?Approach method used in this research is normative juridical approach method, this research specification is analytical descriptive, data source that is primary and secondary data, data collecting method use by library study, method of data analysis with qualitative analysis.Result of research: 1) Agreement under the hand signed by the parties concerned. Such an agreement is only binding on the parties to the treaty but has no binding power to a third party. 2) Notary's role in the manufacture of Government Procurement of Goods and Services Contract in the form of an authentic deed, According to Article 1 paragraph 1 of Law Number 2 Year 2014 Notary Public Notary: Public Notary is authorized to make authentic deeds and other powers as referred to in the Act, 3) The protection of the law shall be initiated by the obligation of the parties to enter into a procurement agreement of goods and services by containing the clauses already stipulated as one of the legal protection measures for the parties, in the charter agreement.Suggestions in this research is Need a good coordination between the assignor, contractor, planner and supervisor in the implementation pemborongan building. With good coordination, the implementation of building projects can be implemented efficiently, effectively and planned. Keywords: Contract, Goods And Services From, Notary's Perspective

Designing Audit Apps for Armchair Auditors to Analyze Government 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.