Principles of fair competition as an effort to prevent monopoly crimes in the procurement of goods and services
Abstract
Deviations in the procurement of goods and services have become a never-ending topic of discussion, various forms of deviation and various cases related to goods and services have become real facts, there are legal policies that must be corrected, criminal acts of monopoly in the form of conspiracy which also give rise to unhealthy business competition is still widespread today, dynamic changes in procurement regulations and differences in the legal basis used in organizing procurement do not appear to have been implemented effectively. In the procurement of goods and services there are still many gaps in irregularities in procurement starting from the procurement stage, selection of providers, up to contract implementation which is still worrying using various forms of monopoly criminal acts, namely horizontal, vertical and even horizontal-vertical collusion, this proves that the procurement of goods and services is not appropriate with the principles of Healthy Competition. The legal issues that will be examined are: The mechanism for procuring goods and services is in accordance with the principles of Fair Competition; Implementation of legal considerations in the form of legal opinions, legal assistance and legal audits by the Prosecutor's Office in realizing healthy competition in the procurement of goods and services; future criminal legal policies in order to prevent criminal acts of monopoly in the procurement of goods and services. The research used is normative legal research. The approaches used are statutory approach, case approach and conceptual approach. Discussion: The dynamism of regulations in the procurement of goods and services does not mean that fraud will be eliminated, it has been proven that up to now there are still many loopholes for irregularities in procurement starting from the procurement stage, selection of providers, to contract implementation which is still worrying using various forms of monopoly crime, namely horizontal and vertical conspiracy even horizontally vertical, this proves that the procurement of goods and services is not in accordance with the principles of Healthy Competition.
How to Cite This Article
Laofika Nanta, I Gede Widhiana Suarda, Rini Anggraini (2024).
Principles of fair competition as an effort to prevent monopoly crimes in the procurement of goods and services
. International Journal of Social Science Exceptional Research (IJSSER), 3(4), 34-43.