Karya Ilmiah

DISERTASI (252) - Prinsip Hukum Kontrak Tahun Jamak Dalam Pengadaan Barang/Jasa Pemerintah

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Government multiyears contract is a special method of contracting which
covers more than one fiscal year`s. Government multiyears contract is a contract
for the purchase of goods or services for more than one fiscal years by one
contract. It may provide that performance under the contract during the second
and subsequent years of the contract is continues upon the appropriation of funds.
This kind of contract is an alternative to a series of annual contracts in which the
end items are procured one year at a time, and relatively admitted can give benefit

to government by saving money and improving contractor`s productivity. In pre-
contractual stage, certain criteria must be met and adherence to general

procedures is required to effectively process for this contract. It need approval
from authorized official, i.c. Minister of Finance, Minister or Head of the State
Agency, and Head of Local Government according to their authority.
The most important issue of government multiyears contract is the aspect
of budget avaibility for the next fiscal years. Government is responsible to provide
contractual budgets for the next fiscal years. According to Indonesian
procurement law, there is no legal regulation that clearly governs government
responsibility when it fails to guarantee the avaibility of fund in the next fiscal
years. This circumstance leads to a lack of legal protection against contractors to
ensure payment of funds originating from subsequent fiscal years.
This research using four approachs namely statute approach, case
approach, conceptual approach, and comparative approach. There are two results
in this research namely objectivity and causality principles at the stage of contract
formation and principle of central responsibility of state legal entities over legal
relationship in accordance of government multiyears contract.

Keywords: Legal Principles, Multiyears Contract, Multiyears Procurement,

Government Multiyears Contract.

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Ketersediaan

031217017314

252 Wir p

Ruang Disertasi

Tersedia

Informasi Detail

Judul Seri

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No. Panggil

252 Wir p

Penerbit

Surabaya : Fakultas Hukum Unair., 2017

Deskripsi Fisik

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Bahasa

Indonesia

ISBN/ISSN

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Klasifikasi

NONE

Tipe Isi

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Tipe Media

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Tipe Pembawa

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Edisi

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Subjek

HUKUM KONTRAK

Info Detail Spesifik

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Pernyataan Tanggungjawab

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Versi lain/terkait

Lampiran Berkas

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