Review of E-Purchasing Law in Procurement Related to Open and Competitive Principles

Abstract

The Government Products and Services Procurement Policy Institute (LKPP) organizes and develops the e-cataloque system, which is used for e-purchasing, which is the process of buying products and services. E-purchasing and e-catalog are components of electronic procurement. Presidential Regulation No. 16 of 2018 governs government acquisition of products and services that use electronic procurement, or e-procurement. According to the rule, e-commerce must be implemented before goods and services can be purchased to address strategic and/or national demands that are established by the regional head or head of the institution. This research aims to review the application of open and competitive principles and rules in business competition law to the procurement of goods and services using the e-purchasing method. This is a normative legal study, which takes a statutory approach and is prescriptive in character. It examines all statutory laws that deal with how providers of goods and services, particularly e-purchasing, are chosen. The findings of the study indicate that there exists a possibility of collusion, leading to unfavorable company competitiveness when employing the electronic purchasing method to procure goods and services. As a result, rules that precisely define the parameters and standards for using techniques for choosing suppliers of goods and services are required.