| dc.description.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. | en_US |
