| dc.description.abstract | The complexity of procurement within State-Owned Enterprises (SOEs), particularly in the procurement of palm oil mill spare parts, requires mechanisms that accommodate operational needs while upholding principles of good governance. This becomes increasingly crucial considering the significant contract value and operational impact involved, as reflected in the dispute case between CV Karya Mandiri and CV Multi Jaya against PTPN IV. The research problems formulated in this thesis are: (1) How is the regulation on government goods/services procurement applied in the procurement system of palm oil mill spare parts at PTPN IV as an SOE? (2) What factors caused PTPN IV to breach the contract in the spare parts procurement agreement based on Decision Number 442/Pdt/2020/PT MDN? and (3) What are the legal considerations of the judges in Decision Number 442/Pdt/2020/PT MDN regarding the default committed by PTPN IV?
The method used in this thesis is normative juridical research, which refers to legal norms and is conducted through literature studies to obtain primary and secondary data in the form of primary, secondary, and tertiary legal materials related to the researched issues. This research is descriptive in nature, and the data are analyzed qualitatively.
The results show that PTPN IV applies special procurement regulations for SOEs based on the hierarchy of Law No. 1 of 2025, Government Regulation No. 45 of 2005, Ministry of SOEs Regulation No. PER-2/MBU/03/2023, and PTPN III Board of Directors Regulation No. DIR/PER/08/2020, using a tiered authority system and not following Presidential Regulation No. 16 of 2018, which is specific to government procurement. The breach of contract amounting to IDR 3,056,556,316 against CV Karya Mandiri and CV Multi Jaya was caused by an emergency situation in the palm oil mill operation, suboptimal implementation of the SAP system, incomplete SPP documents, and an accumulation of "borrowed goods" that exceeded the budget capacity. Decision Number 442/Pdt/2020/PT MDN ruled that PTPN IV was in default, imposing a 6% annual moratory interest but rejecting asset seizure due to state asset protection, thereby setting a precedent that SOEs do not possess legal immunity in contractual matters | en_US |
