PENEGAKAN HUKUM PERSEKONGKOLAN TENDER DENGAN SIFAT RULE OF REASON

Hemawan Hadi

Abstract

This article is toanalyzethat collusion onActnumber 5 of 1999related to rule of reason category means thatKPPU has toprove the effectof the collusion effort in the indisposedeffort emulation. The efforts of tender collusion are so inflicts financial loss to the society or the state. Because the tender collusion result on developmental activities are coming from generalrevenuesandnational expenditure budgeting fund (APBN) which is released withoutanyresponsibilityandthewinneroftenderitselfconspir ingto obtain bigadvantages from nonnalprice. FromallKPPUdatabase, mostofallare these cases-Tender Collusion(70%). Collusionclose to the negative meaning of preliminary excistenceof corruption, ehich can harm thestate. Rule of reasonap proach is an approach which is used as means of evaluation by the institute of emulation authority, to evaluate theeffect of certainbusiness activityoragreement, to utilize thedetermineactivity oragreement
which has thecharactertopursue ortosupport theemulation. Thestrengthening of lawwillbe strengthen KPPUon tendercollusionsettlement, because KPPUhas toprove the collusioncausedand effect which caused theindisposedeffort emulation. Refer to this explanation, collusion is  morecompatible toperse illegalcategory.

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