Analiis Terhadap Perjanjian/Kontrak Pengadaan Barang/Jasa di Lingkungan Pemerintah Propinsi Sumatera Utara

Abstract

Goods and service provision for the interest of government is one of the ways to activate the wheel of economy. In the Provincial Government of Sumatera Utara, goods and service provision is an activity to supply goods needed by the agencies under the provincial government funded by the APBN/ APBD and conducted by each of the agency itself or by the goods/service provider . In implementing the goods and service provision, the provincial government usually carries out an agreement to the entire job as stated in Article 1601 b of the Indonesian Civil Code. According to this article, the agreement for the entire job is a contract by which one party (the supplier/contractor) ties himself in an agreement to do a job for the other party (the client) with a specified price. This agreement is made in writing and called Provision Agreement/Contract. This contract is a bond between the official who made the commitment and the goods/service provider in the implementation goods/service provision (Article 1 (17) of the Presidential Regulation No. 85/2008). The purpose of this study is to examine the agreement/contract of goods/service provision existing in the jurisdiction of the Provincial Government of Sumatera Utara. Using a nonnative juridical method, this study analyzes the research problems based on the legal principles referring to the legal norm stated in the legislation regulation existing in Indonesia. The main data for this study were obtained from the stipulation of legislation regulation and the documents related to the provision of goods and service for the government and supported with the result of interviewing the informant who are regarded as those who understand the implementation of providing goods and service for the government. Based on the result of this study, it is concluded that (1) The contract of goods/service provision used in the jurisdiction of the Provincial Government of Sumatera Utara are lump sum and price per unit contract. The contracts carried out in the jurisdiction of the Provincial Government of Sumatera Utara have met the requirements needed for a legal agreement. Only, in the agreement, the goods and services providers have a weaker position~ (2) Almost all of the content of the agreement of goods and service provision are the same, only several clauses are different. The same clauses found in each agreement of goods and services provision are usually the main issues for both parties such as responsibility and obligatory of the goods and service provider, guarantee, method of payment, fine/sanction, contract termination and dispute solution~ and (3) The factors that frequently become the constraints in the implementation of goods/service provision in the jurisdiction of the Provincial Government of Sumatera Utara are misconduct, force majeure and the other restricting factors. The constraints which always occur in the process of implementing the goods/service provision are only non juridical ones.