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Pulung Hudoprakoso

JURNAL HUKUM, POLITIK DAN ILMU SOSIAL 2023 Pusat Riset dan Inovasi Nasional

The settlement of state administrative disputes as a result of the issuance of a state administrative decision letter is the authority of the State Administrative Court as a judicial body appointed by the Law governing the State Administrative Court. Administrative efforts are a non-litigation settlement that must be taken before state administrative disputes are submitted to the State Administrative Court. Administrative efforts are expected to be the best solution before citizens submit their problems to the Court, so as to remove the paradigm that the actions of state administrative bodies or officials are always right and cannot be corrected.

Sirajuddin, Sirajuddin; Adianto Mau, Hedwig; Suryadi Bakry, Umar

DINAMIKA HUKUM 2023 Universitas Stikubank

The tender process at the Ministry of Transportation uses an Electronic Procurement System (SPSE) and a supporting system where the final results in the application tendered by the Selection Working Group are only in the form of Minutes of Election Results (BAHP), which are then reported to the Commitment Making Officer (PPK). to be followed up in the form of a Letter of Appointment of Goods/Services Provider (SPPBJ) whether to accept the results of the Working Group or reject it. In the process of determining this, it turned out that there was a legal debate which resulted in legal uncertainty where the Selection Working Group's determination was in the form of BAHP as the result which was used as the object of the lawsuit. Meanwhile, the opinion of the other panel of judges is inversely proportional to the BAHP issue as the object of this dispute. Apart from that, administrative efforts before filing a lawsuit were also a problem where some of the Panel of Judges passed the dismissal stage and some did not. From the results of the study it was found that the determination of the object of dispute state administrative decisions on the procurement of government goods/services, especially at the Ministry of Transportation of the Republic of Indonesia, was normatively in the basic regulations regarding Government Procurement of Goods/Services, showing the decision to determine the winner of the Working Group in the form of BAHP even though it required approval with PPK can be used as th e object of dispute in disputes over state administrative decisions. In addition, the results also show that the explanations and decisions at the State Administrative Court, the administrative e arrangements for the procurement of goods/services are objections and appeals and a guarantee of 1% (one percent).   Keywords: Procurement, goods/services, administrative decision.