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

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.