Penyelesaian Sengketa Pada Rancangan Aturan Pengadaan Barang Jasa Publik: Apresiasi, Kritik, Rekomendasi

Abstract

This article aims to appreciate the design of the dispute mechanism embodied in the draft of the public procurement bill. Nonetheless, many important issues have not been successfully clarified; those shall be addressed by the National Public Procurement Agency as the initiator of this bill. Moreover, to ensure the principle of meaningful participation, it is encouraged to provide more public discourse by inviting wider stakeholders to scrutinize the bill. To support the idea, it is essential to provide preliminary information on the debate that occurred on the task force team for dispute mechanisms. This paper also discusses problems which shall be addressed and clarified. It is argued that many problems highlighted here due to the point/essence discussed on the preliminary task force were not accommodated in the bill. Moreover, this research also found some norms on the draft that can be questioned from the conceptual point of view; some also can be doubted on its feasibility for implementation. This lacking may be caused by the time constraint for preparing the bill or because the government does not really concern on the matter. Nonetheless, as an essential issue, they have to be addressed. The conceptual and practical suggestions embodied in this paper may be considered as a recommendation to be utilized by the legal drafters.