Legal Standing of Work Order (SPK) by the Existence of Agreement on the Procurement of Public Goods in the Education Office of Padang City

Mira Handayani, Yuslim Yuslim, Ulfanora Ulfanora

Abstract


Legal relation between user and provider, that occurs during the process of signing the agreement on the procurement of goods and services until the process of terminating the agreement, is called civil law relation which is specified as contractual relation. In the process of user and service user agreement, the government is represented by Budget User or Proxy or Commitment Officer (CO) or Procurement Official as an individual. Regarding this matter, the research problem is on how the legal standing of work order by the existence the public procurement agreement and on how the contractual relation between the Commitment Officer (CO) and the procurement of goods and services for the procurement of public goods at the Education Office of Padang City. This research employs empirical juridical approach. Based on the result of the research, it is found that the legal standing of work order, in addition to part of the contract, is also the decision of state administration in carrying out public authority in the form of procurement of goods and services which is violated through the state finance. In the meantime, the contractual relation of the parties is basically the same as the contract or agreement in general; the contract is binding on the parties such as laws in a lawful relationship and obligations.


Keywords


Legal Standing; Work Order; Agreement; Procurement

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References


Books

Yohannes S. Simamora, 2012, Contract Law (Contracts on Procurement of Government Goods and Services in Indonesia), Laksbang Justitia Surabaya, page 64.

Sri Soedewi M. Sofwan, 2002, Building Law (Building Works Agreement), Liberty Yogyakarta, page 94.

Zainudin Ali, 2009, Legal Research Methods, Sinar Grafika, Jakarta, 2009, page 105.

Moechtar Kusumaatmadja and B. Arief Sidaharta, 2009, Introduction to Legal Studies, Alumni, Bandung, page 17.

Peter Mahmud Marzuki, 2008, Introduction to Legal Studies, Prenada Media, Yogyakarta, page 271.

Legislations

Law No. 18 of 1999 concerning Construction Services

Law No. 2 of 2017 concerning Construction Services

Presidential Regulation No. 54 of 2010 concerning Procurement of Goods and Services, Presidential Regulation No. 35 of 2011 and Presidential Regulation No. 70 of 2012, Presidential Regulation No. 172 of 2014 and Presidential Regulation No. 4 of 2015, Presidential Regulation on Amendment to Presidential Regulation No. 54 of 2010 concerning Procurement of Government Goods and Services.

AV 41 and other regulations as long as they do not conflict with Law No. 18 of 1999 and Government Regulation No. 29 of 2000, Government Regulation No. 6 of 2006 concerning Implementation of Construction Services.

Minister of Public Works Regulation No.45/PRT/M/2007 concerning Technical Guidelines on the Construction of State Buildings.

Minister of Public Works Regulation No.43/PRT/M/2007 concerning Standards and Guidelines for Procurement of Construction Services (Consultancy and Chartering Services. Department of Public Works.




DOI: http://dx.doi.org/10.18415/ijmmu.v6i5.1090

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