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A Legal Case on Bid Rigging of Electronic Identity Card Procurement in Indonesia
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The prohibition of bid rigging is regulated in the
Competition Law, which is in accordance with Article 22 of Law
No. 5 Year 1999 of Indonesia concerning the Prohibition of
Monopolistic Practices and Unfair Business Competition.
Whereas the elements of bid rigging include: (1) elements of
business actors; (2) elements ofconspiring; (3) elements of other
parties; (4) elements of regulating and or determining the winner
of the tender; (5) elements of unfair business competition.
Because it is stated as a rule of reason behavior, the legal case of
bid rigging requires legal proof before it is declared that a
violation has occurred. The conspiracy to procure electronic
identity card (e-IDCard), which is the object of this research,
occurred at the Ministry of Home Affairs of Indonesia, in 2011-
2012 Fiscal Year. The type of research is normative and
descriptive, with qualitative analysis using secondary data and
drawing conclusions deductively. HowBusiness Competition
Supervisory Commission (BCSC) of The Republic Indonesia
proves that elements of bid rigging are fulfilled is the main
problem of this research. That according to the BCSC's decision
No. 03/KPPU-L/2012 horizontal and vertical conspiracy
occurred, namely horizontally between Reported Party II (PNRI
Consortium) and Reported Party III (Astragraphia Consortium),
vertically occurred between Reported Party I (Tender
Committee) and Reported Party II (PNRI Consortium), with
sanctions in the form of money fine. However, the results of this
study stated that the BCSC's decision was not correct legally or
wrong decision.
2454-6186
NONE
electronic file
English
International Journal of Research and Innovation in Social Science (IJRISS)
2021
International Journal of Research and Innovation in Social Science (IJRISS) |Volume V, Issue XII, December |ISSN
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