Legal Certainty in Implementing LPS-LKPP Decisions in Government Procurement of Goods/Services Disputes of Contract

Abstract

Credible and accountable procurement of goods/services can be carried out if all parties involved in the procurement of goods/services are guided by the provisions that apply based on the principles and ethics of procurement. Issuance of Decree of the Head of LKPP Number 43 of 2017 concerning Development Team for Government Procurement of Goods/Services Procurement Dispute Resolution Services which was basically issued for the purpose of developing the effectiveness of procurement dispute resolution services. Procurement Dispute Resolution Services referred to in the Decree of the Head of LKPP are services provided by LKPP. This study uses a normative juridical research method, namely research which examines theories, concepts, legal principles and legislation related to the settlement of contract disputes for the Government's procurement of goods/services. The results of the study show that the guarantee of legal certainty in the proceedings at the LPS-LKPP on goods/services procurement contract disputes is based on the Government Goods/Services Procurement Policy Agency Regulation No. 18 of 2018 concerning Dispute Resolution Services for Government Procurement of Goods/Services Contracts carried out in a systematic and gradual manner. The Parties must take the path of mediation, conciliation, and then arbitration. Keywords: Legal Certainty, Contract Disputes, Procurement of Goods/Services.