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All Journal JURNAL MAGISTER HUKUM UDAYANA Jurnal Penelitian Hukum Legalitas Jurnal Indonesia Sosial Sains AKSIOMA : Jurnal Sains Ekonomi dan Edukasi
atma suganda
Universitas Jayabaya
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Journal : Jurnal Indonesia Sosial Sains

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Digitalization of The Formation and Testing of Laws and Regulations In Indonesia Mastorat Mastorat; Atma Suganda; Md. Shodiq
Jurnal Indonesia Sosial Sains Vol. 5 No. 02 (2024): Jurnal Indonesia Sosial Sains
Publisher : CV. Publikasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59141/jiss.v5i02.1004

Abstract

This research was conducted to examine how efforts to digitize the formation and also test the laws and regulations in Indonesia. Where the Ministry of Law and Human Rights as an institution representing the government in the formation of laws and regulations through the Directorate General of Laws and Regulations launched a digitalization program for the formation of laws and regulations to make it easier for the public to participate in the formation of laws and regulations because it is equipped with five innovations, namely e-public participation, e-invitation, e-litigation, Design HelpDesk, Design Chat Podcast (OPERA). Meanwhile, in terms of legal review, the Constitutional Court as a judicial institution tasked with maintaining the constitution and democracy and protecting human rights so that they can be easily recognized by the Indonesian people through digital technology tools so that the Indonesian people can not only easily know the Constitutional Court but also can easily submit applications or lawsuits to the Constitutional Court if they experience constitutional losses, namely through www.mahkamahkonstitusi.go.id website. With the efforts to digitize the formation and testing of these laws and regulations, it is expected that the public will be more active in participating in the formation and testing of laws and regulations
Legal Certainty Against Termination of Government Goods/Services Procurement Contracts By Acts of Government Administration, Commitment Making Officials Mochamad Arief Pratomo; Fauzie Yusuf Hasibuan; Atma Suganda
Jurnal Indonesia Sosial Sains Vol. 5 No. 02 (2024): Jurnal Indonesia Sosial Sains
Publisher : CV. Publikasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59141/jiss.v5i02.1005

Abstract

Problems in unilateral contract termination by Commitment Making Officials in Government Procurement of Goods/Services. There are no express provisions in the laws and regulations or Presidential Regulations. The consequence that arises is that terminating the contract creates legal uncertainty. This dissertation analyzes the implementation of terminating contracts for the procurement of government goods/services by acts of government administration and analyzes and finds legal certainty for terminating contracts for the procurement of goods/services if there is a dispute between the Commitment Making Official and the provider of goods/services, the Commitment Making Official. The research method used in this research is normative juridical with research specifications namely analytical descriptive. The results research show that the implementation of terminating contracts for the procurement of government goods/services by the actions of the government administration officials who made the commitment resulted in the emergence of legal uncertainty. Based on Article 93 paragraph 1 of Presidential Regulation Number 4 of 2015 concerning the Second Amendment to Presidential Regulation Number 54 of 2010, the legal consequences of contract termination do not yet reflect the principle of proportionality, because the determination of sanctions is only unilateral, borne by the Service Provider. Meanwhile, the determination of sanctions against Service Users if the PPK commits an error/negligence is not clearly regulated either in the contract agreed upon by the parties, or regulated in the provisions of statutory regulations.
Co-Authors Bambang Soesatyo Fauzie Yusuf Hasibuan Hedwig A Mau Idzan Fautanu Jaya Jaya Mastorat Mastorat Md. Shodiq Mochamad Arief Pratomo Syafri Hariansah