Default In Government Procurement Of Goods And Services: Analysis Of Jember District Court Decision Number 52/PDT.G.S/2022/PN JMR

This study analyzes default in government procurement of goods and services through a study of the Jember District Court decision Number 52/Pdt.G.S/2022/PN Jmr. The main focus of the study is the identification of the ratio decidendi, which underlies the decision, as well as an assessment of the principles of contract law in the context of government procurement. Using a descriptive-normative legal analysis approach, this study examines the obligations of the parties in the procurement contract and relevant administrative standards. The results of the analysis reveal that the decision emphasizes the importance of fulfilling obligations appropriately and accountably, while prioritizing the principle of contractual justice. The implications of this decision provide an important precedent in strengthening the supervision and law enforcement mechanisms in government procurement of goods and services, and contribute to the development of contract law literature in the public sector.

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Journal
JURNAL HUKUM SEHASEN
Published
2025-04-19
DOI
https://doi.org/10.37676/jhs.v11i1.8198
Primary Topic
Public Procurement and Policy
Type
article
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article

Default In Government Procurement Of Goods And Services: Analysis Of Jember District Court Decision Number 52/PDT.G.S/2022/PN JMR

Najla Azrijal Chosaf, Dinda Aurelia Rosi Nasution
JURNAL HUKUM SEHASEN
Public Procurement and Policy
article

Default In Government Procurement Of Goods And Services: Analysis Of Jember District Court Decision Number 52/PDT.G.S/2022/PN JMR

Najla Azrijal Chosaf, Dinda Aurelia Rosi Nasution
article en

Abstract

This study analyzes default in government procurement of goods and services through a study of the Jember District Court decision Number 52/Pdt.G.S/2022/PN Jmr. The main focus of the study is the identification of the ratio decidendi, which underlies the decision, as well as an assessment of the principles of contract law in the context of government procurement. Using a descriptive-normative legal analysis approach, this study examines the obligations of the parties in the procurement contract and relevant administrative standards. The results of the analysis reveal that the decision emphasizes the importance of fulfilling obligations appropriately and accountably, while prioritizing the principle of contractual justice. The implications of this decision provide an important precedent in strengthening the supervision and law enforcement mechanisms in government procurement of goods and services, and contribute to the development of contract law literature in the public sector.

JURNAL HUKUM SEHASENVol. 11(1)
Pelita Harapan University (ID)
Openalex Percentile: Top 89%
Public Procurement and Policy
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Default In Government Procurement Of Goods And Services: Analysis Of Jember District Court Decision Number 52/PDT.G.S/2022/PN JMR — Najla Azrijal Chosaf, Dinda Aurelia Rosi Nasution · JURNAL HUKUM SEHASEN (2025) | TGRS Research Map | TGRS