Mencegah Korupsi di Pengadaan Barang dan Jasa: Apa yang sudah dan yang masih harus dilakukan?

Abstract

This paper aims to explore and to give appreciation for the efforts which have been done by the Indonesian government to prevent corruption in public procurement, such as: (i) designing procurement organisational structure which enables more checks and balances on the system; and (ii) designing the electronic procurement system, particularly what the-called electronic purchasing which enables effective purchasing and preventing the potency of manipulation in tender processes. Nevertheless, this paper would like also to give critical notes for the above efforts. In addition, based on comparative administrative law perspective, this paper would like to emphasis that there are numerous matters which can be considered to increase the effectiveness on preventing corruption in public procurement, one of the instances is that to broaden the scope of the bid protest mechanism inspired by the regulation in the Netherlands. Bid protest mechanism in Indonesia only protects the aggrieved bidding participants to challenge the award decision; it does not protect the potential bidding participants who feel aggrieved to challenge the document procurement, i.e. due to the unfair tender specifications or requirements. Realising that the government is still preparing public procurement bill; therefore this paper can also be considered as the author’s idea contribution.