E-ISSN: 3032-0135
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Journal of Law.
Social Science and Humanities https://myjournal.
id/index.
php/JLSSH Effectiveness of Government Produrement of Goods abd Services Through Electronic Catalogue (Study in the Jurisdiction of the Denpasar High Cour.
Ade Kurniawan1 Universitas Mahendradatta Ni Ketut Wirantny2 Universitas Mahendradatta Kadek Dedy Suryana3 Universitas Mahendradatta Correspondence : Ade Kurniawan .
ekurniawan9f@gmail.
Abstract Government procurement of goods and services (PBJP) is a vital element in public and development activities that has the potential to lead to inefficiency, abuse, or corruption if not managed properly.
PBJP reform through electronic catalogs .
-catalog.
aims to support the principles of good governance.
This study aims to analyze the implementation and effectiveness of government procurement of goods and services through electronic catalogs from the perspective of general principles of good governance in the jurisdiction of the Denpasar High Court.
The study uses an empirical legal approach with a focus on social facts and legal phenomena in society.
Data were collected through interviews with informants .
udget users, commitment-making officials, procurement officials, supplier selection working group.
and questionnaires with respondents, as well as secondary data searches such as laws and literature.
The findings indicate that the e-catalog regulation has provided sufficient legal certainty .
% of respondents stated that the regulation is clea.
, but there is still a need for additional technical guidelines.
Human resource competency was considered adequate by 77% of respondents, although 23% noted limited digital literacy.
The majority of respondents .
%) were satisfied with price transparency, but only 64% were satisfied with product variety.
Technical obstacles such as network disruptions and platform performance were also identified.
The implementation of PBJP through an electronic catalog at the Denpasar High Court is supported by a strong legal basis, but has not yet reached optimal levels due to obstacles such as uneven understanding among officials, limited variety and specifications of goods/services, and technical system constraints.
Keywords : Government Procurement of Goods and Services.
Electronic Catalog.
General Principles of Good Governance.
Legal Effectiveness.
Good Governance.
Introduction Government procurement of goods and services (PBJP) is a vital element in public and development activities that meet public service and infrastructure needs.
PBJP involves the use of large amounts of state and regional budgets and has the potential for inefficiency, misuse, or corruption if not implemented properly and in accordance with the law.
Therefore, effective procedures, transparency, accountability, and adherence to legal and administrative principles are crucial to realizing good governance.
Although the government is responsible for managing public resources efficiently, transparently, and accountably, the procurement process is often plagued by problems such as corruption, collusion, and nepotism (KKN), inefficiency, and a lack of transparency that harm the public.
Reform of the PBJP system is needed to support the principles of good governance demanded by the democratization era.
Institutional innovations such as the use of electronic catalogs .
-catalog.
aim to accelerate procurement, increase transparency and accountability, support domestic products, and strengthen digitalization.
Ministry of Finance data shows that e-catalogs have the potential to save up to 20-30% of the budget compared to conventional methods.
However, their effectiveness remains debated, particularly in achieving transparency.
Journal of Law.
Social Science and Humanities https://myjournal.
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php/JLSSH E-ISSN: 3032-0135 Vol.
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January - June .
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accountability, efficiency, and fairness.
Challenges include low digital literacy among officials, cybersecurity, and unequal access to information and communication technology (ICT) in remote areas.
Historically, procurement of goods and services (PBJP) in Indonesia has often been a hotbed of Post-1998 reforms, system reforms were implemented through various laws on monopolies, public information disclosure, and electronic tender mechanisms.
The COVID-19 pandemic accelerated the adoption of digital technology in procurement, but also raised issues of dominance by large providers and marginalization of MSMEs, contrary to the inclusive spirit of the MSME law.
The jurisdiction of the Denpasar High Court, which covers Bali Province, was chosen as the research location due to its diverse geographic and demographic characteristics, as well as complex procurement This research is expected to provide an empirical overview of the effectiveness of e-catalog implementation in the context of good governance.
Based on the background above, the problem formulation in this research is .
How is the regulation of government procurement of goods and services through electronic catalogs in the jurisdiction of the Denpasar High Court? and .
How effective is the procurement of government goods and services through electronic catalogs from the perspective of general principles of good governance in the jurisdiction of the Denpasar High Court? Methods This research is an empirical legal study focusing on social facts and legal phenomena in society.
The goal is to examine and analyze the operation of law in society, including the effectiveness of legal enforcement, and the compliance of the public, officials, and legal institutions with PBJP through an electronic catalog.
This research uses two main approaches:
Statute Approach: Reviewing all laws and regulations related to PBJP through an electronic catalog.
Law is viewed as a comprehensive, all-inclusive, and systematic closed system.
Conceptual Approach: Analyzing the implementation of PBJP through e-catalogs by referring to the views and doctrines of legal science, as well as legal principles found in legislation.
Research Location The research was conducted within the jurisdiction of the Denpasar High Court, which covers Bali Province.
This location was selected based on the diverse geographic and demographic characteristics of the area, as well as the complex procurement dynamics in the area.
Population and Sample The research population includes the parties involved in PBJP via e-catalog in the jurisdiction of the Denpasar High Court, namely:
Budget user authority A Commitment-making officer (PPK) A Procurement officer Journal of Law.
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Supplier selection working group The sampling technique used is purposive sampling, namely selecting samples based on certain criteria that are relevant to the research objectives.
Results and Discussion Regulation of Government Procurement of Goods and Services through Electronic Catalog The regulation of PBJP through an electronic catalog within the jurisdiction of the Denpasar High Court is based on a strong and binding hierarchy of laws and regulations.
The main legal basis includes:
UUD 1945 as the highest constitution that regulates the principles of state financial management UU No.
17 Tahun 2003 about State Finance Peraturan Presiden No.
16 Tahun 2018 regarding Government Procurement of Goods/Services and its amendments Peraturan LKPP as a technical regulation for the implementation of e-catalog These regulations provide a comprehensive legal basis for the implementation of PBJP through ecatalogs, starting from basic principles, implementation mechanisms, to supervision and sanctions.
Effectiveness of Government Procurement of Goods and Services through Electronic Catalogs The effectiveness of PBJP through electronic catalogs is analyzed based on Soerjono Soekanto's five legal effectiveness factors and is linked to the General Principles of Good Governance (AAUPB):
Legal Factors: Legal Certainty and Regulatory Compliance The research results show that 93% of respondents stated that the PBJP regulations through the ecatalog are clear and provide adequate legal certainty.
This demonstrates that, from a legal substance perspective, the e-catalog regulations meet the principle of legal certainty as stipulated in the AAUPB.
However, 7% of respondents felt that additional technical guidelines were still needed, particularly regarding the integration of sectoral and local e-catalogs.
There were complaints regarding frequent changes in regulations.
LKPP policies, and system updates that require rapid adaptation, creating uncertainty for implementers in the field.
This finding aligns with Hans Kelsen's theory of legal effectiveness, which emphasizes that legal effectiveness depends on the clarity of norms and compliance with those norms.
Although the majority of respondents considered the regulations clear, the rapid dynamics of change demonstrate the need for regulatory harmonization and stability to enhance legal certainty.
Law Enforcement Factors: Human Resources Competence Human resource (HR) competency is a crucial factor in the effectiveness of e-catalog implementation.
Research results show that 77% of respondents feel HR competency is adequate, while 23% still Journal of Law.
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perceive limitations in digital literacy and product/service demand analysis.
A gap was identified between regulation and implementation, particularly regarding:
Product completeness in the e-catalog display case Supplier verification process is suboptimal A Price dynamics are not always real-time "Incomplete products" often force Commitment Making Officers (PPK) to use alternative procurement methods, potentially reducing the effectiveness of the e-catalog policy.
This demonstrates that despite clear regulations, implementation in the field still faces technical and human resource capacity Integrity and Accountability The majority of respondents acknowledged that the e-catalog improves integrity because:
A The supplier selection process is more objective and standardized A Price comparisons are transparent and easily accessible A The digital footprint is complete and auditable by regulatory authorities However, integrity is still tested in the requirements definition and specification development stages, which are vulnerable to interference.
This indicates that the e-catalog effectively increases transparency in the selection process, but does not fully address the potential for abuse of authority in the planning stage.
This finding aligns with the principle of accountability in the AAUPB, which requires every government official to be accountable for every decision and action.
The e-catalog provides a better accountability mechanism through a digital footprint, but its effectiveness still depends on the competence and integrity of the implementer.
Facilities and Amenities Factors In terms of facilities and equipment, 80% of respondents stated that the e-catalog system was userfriendly.
However, 20% of respondents experienced technical problems such as:
System errors and server downtime A Slow document uploads A Data discrepancies between integrated systems A Internet network instability, especially in remote areas The effectiveness of e-catalog is greatly influenced by:
Internet network stability, especially in areas with limited ICT infrastructure.
Accessibility of the e-catalog server, which sometimes experiences disruptions.
Integration between systems .
-catalog.
SIRUP.
SPSE) is still incomplete.
These findings indicate that despite the system's well-designed design, its implementation is still hampered by uneven technological infrastructure across Indonesia.
This aligns with Soerjono Soekanto's theory of legal effectiveness, which places infrastructure and facilities as one of the Journal of Law.
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determining factors in legal effectiveness.
Community Factors: Provider and User Readiness E-catalog users generally accept this system because the process is faster and more accountable.
Research results show:
82% of respondents are satisfied with price transparency A 64% of respondents are satisfied with product variety However, obstacles from the provider side include:
Lack of understanding of the e-catalog onboarding process Delays in updating prices and inventory A Product quality that is inconsistent with the specifications in the e-catalog Administrative unpreparedness for verification by the LKPP These findings indicate that the success of e-catalogs depends not only on systems and regulations, but also on the readiness and active participation of goods/service providers.
Unequal provider readiness can hinder the achievement of procurement efficiency and effectiveness goals.
Cultural Factors: Legal Awareness Respondents demonstrated a good awareness of the principles of the AAUPB, particularly transparency, accountability, and efficiency.
Their responses included statements such as:
"transparency must be prioritized," "strict oversight is needed," and "clarify regulations to prevent However, a small number of respondents remained passive or did not offer constructive suggestions, indicating that legal culture and active participation are not yet fully entrenched.
This aligns with the theory of legal effectiveness, which emphasizes the importance of public legal awareness in determining the effectiveness of regulations.
Analysis Based on General Principles of Good Government Principle of Openness The use of e-catalogs improves access to procurement information, making potential fraud easier to detect and audit.
Information on prices, product specifications, and suppliers is openly available to all interested parties.
However, transparency from the supplier side remains limited, especially for commodities that have not been fully digitized.
Information on product availability, stock updates, and price validity still depends on the supplier, creating information asymmetry between buyers and suppliers.
This indicates that the principle of transparency has not been fully realized in practice.
Principle of Efficiency and Effectiveness E-catalogs have been proven to speed up the procurement process by 40-60% compared to manual This time savings is significant in the context of public services that demand speed and Journal of Law.
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However, this efficiency is not universal.
Certain commodities or high-specification items are not yet available in e-catalogs, forcing PPKs to use other, more time-consuming procurement methods.
Price negotiation processes also remain time-consuming due to less than optimal supplier responsiveness.
These findings indicate that while e-catalogs improve efficiency overall, their effectiveness is not yet optimal due to the still-developing infrastructure and ecosystem.
Continued efforts are needed to expand the product coverage in e-catalogs and improve supplier responsiveness.
Principle of Accountability E-catalogs enable more comprehensive audits because all processes are digitally recorded.
Electronic documents facilitate oversight by the Government Internal Supervisory Apparatus (APIP) and external A complete digital trail increases accountability and reduces the opportunity for However, not all procurement officials understand how to utilize digital trails for monitoring and A lack of technical competence in digital data analysis creates barriers to internal This demonstrates that technology alone is not enough.
human resource capacity building is needed to maximize the benefits of digital systems.
Principle of Legal Certainty The e-catalog is based on strong, hierarchical regulations, providing legal certainty for implementers.
Presidential Regulation No.
16 of 2018 and the LKPP technical regulations provide a clear legal basis for the implementation of the e-catalog.
However, frequent regulatory changes and LKPP system updates require rapid adaptation by implementers, sometimes creating uncertainty and confusion in the field.
This demonstrates the need for a balance between flexibility for system improvements and stability to provide legal certainty for Conclusion Based on the results of the research and discussion, it can be concluded that:
The regulation of PBJP through an electronic catalog within the jurisdiction of the Denpasar High Court is supported by a strong and binding legal basis, referring to the hierarchy of laws and regulations, starting with the 1945 Constitution, the State Finance Law.
Presidential Regulation No.
16 of 2018 concerning Government Procurement of Goods/Services, and the technical regulations of the LKPP.
This regulation provides adequate legal certainty for the implementation of procurement through an e-catalog.
Journal of Law.
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January - June .
, pp.
78 - 85
The effectiveness of PBJP implementation through an electronic catalog from the perspective of the General Principles of Good Governance within the jurisdiction of the Denpasar High Court has not yet reached optimal levels.
Despite improvements in transparency, accountability, and efficiency, obstacles remain that hinder its full effectiveness, namely:
Unequal understanding among officials: 23% of respondents still experience limitations in digital literacy and analyzing product/service needs.
Limited variety and specifications of goods/services: Only 64% of respondents are satisfied with the product variety in the e-catalog.
Technical obstacles in the electronic system: 20% of respondents experienced problems such as system errors, slow document uploads, and unstable internet connections.
Unequal provider readiness: Problems with onboarding, price/stock updates, and consistent product quality.
E-catalogs have been shown to increase procurement time efficiency by 40-60% and price transparency .
% of respondents are satisfie.
, as well as provide a digital footprint that facilitates audits and oversight.
However, their effectiveness is still limited by factors such as technological infrastructure, human resource competency, and the readiness of the supplier ecosystem.
References