PRAKTIK PENGADAAN BARANG DAN JASA MELALUI PENUNJUKKAN LANGSUNG PADA HOLDING COMPANY BUMN DALAM KAJIAN UU NO 40 TAHUN 2007 , UU NO 5 TAHUN 1999 DAN PERMEN BUMN No.Per-15/MBU/2012.
PROCUREMENT PRACTICE BY DIRECT APPOINTMENT IN STATEOWNED HOLDING COMPANY REFERRING TO REGULATION NO.
40/2007 ON LIMITED LIABILITY COMPANY, REGULATION NO. 5/1999
ON MONOPOLY AND UNFAIR BUSINESS COMPETITION, AND
STATE-OWNED ENTERPRISE MINISTERIAL REGULATION No.Per15/MBU/2012 ON GENERAL GUIDELINES OF PROCUREMENT
Olivia Anastasia Saragih
110110110285
ABSTRACT
The establishment of a holding company in a state-owned
enterprise is considered to be one of the government’s attempts in
restructuring the enterprise’s performance in order to enhance its value.
The practice has been supported by applying synergy in procurement by
direct appointment in the holding company’s circle. This research,
therefore, aims to understand and formulate, in juridical manner, the
practice of direct appointment in procurement at PT. Telekomunikasi
Indonesia Tbk. (PT. Telkom) as one of the state-owned holding
companies, along with the impact of the practice in business competition.
It is specified in analytical descriptive approach by systematically
describing, explaining, and analyzing the direct appointment practice in the
company to its subsidiary and/or affiliated business unit by referring to the
Regulation No. 40/1007 on single corporate and analyzing the impact of
the practice by referring to the Regulation No. 5/1999, as well as legal
theory and basis for business competition. The results show that the direct
appointment in procurement in a holding company has been indirectly
approved the relation between the company and its subsidiary in juridical
manner and it is not in accordance with what is stated and implied in the
regulations on single corporation system. The practice of direct
appointment, in reference to the Regulation No. 5/1999, has also
breached the Article 22 on bid rigging and Article 19 (d) on the practice of
discrimination thus resulting in monopoly and unfair business competition.
v
40/2007 ON LIMITED LIABILITY COMPANY, REGULATION NO. 5/1999
ON MONOPOLY AND UNFAIR BUSINESS COMPETITION, AND
STATE-OWNED ENTERPRISE MINISTERIAL REGULATION No.Per15/MBU/2012 ON GENERAL GUIDELINES OF PROCUREMENT
Olivia Anastasia Saragih
110110110285
ABSTRACT
The establishment of a holding company in a state-owned
enterprise is considered to be one of the government’s attempts in
restructuring the enterprise’s performance in order to enhance its value.
The practice has been supported by applying synergy in procurement by
direct appointment in the holding company’s circle. This research,
therefore, aims to understand and formulate, in juridical manner, the
practice of direct appointment in procurement at PT. Telekomunikasi
Indonesia Tbk. (PT. Telkom) as one of the state-owned holding
companies, along with the impact of the practice in business competition.
It is specified in analytical descriptive approach by systematically
describing, explaining, and analyzing the direct appointment practice in the
company to its subsidiary and/or affiliated business unit by referring to the
Regulation No. 40/1007 on single corporate and analyzing the impact of
the practice by referring to the Regulation No. 5/1999, as well as legal
theory and basis for business competition. The results show that the direct
appointment in procurement in a holding company has been indirectly
approved the relation between the company and its subsidiary in juridical
manner and it is not in accordance with what is stated and implied in the
regulations on single corporation system. The practice of direct
appointment, in reference to the Regulation No. 5/1999, has also
breached the Article 22 on bid rigging and Article 19 (d) on the practice of
discrimination thus resulting in monopoly and unfair business competition.
v