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STANDARDIZATION OF GOOD FAITH PRINCIPLES IN PROCUREMENT GOVERNMENT GOODS/SERVICES IN INDONESIA

. Diangsa Wagian, Amiruddin, Zainal Asikin, Kaharuddin Doctoral Study Program of Law, Faculty of Law, University of Mataram, Indonesia


Abstract

This paper examines how legal and court experts define the principle of good faith at the pre-contractual stage and how its matching in each level of procurement of government goods /services by various government procurement regulations in Indonesia. This study is normative legal research. This study uses a statutory approach, a conceptual approach, and a case-by-case approach. This study found that: first, the principle of good faith at the pre-contract stage is essentially prudence, where the parameters are exchanging information about the goods/services to be held and checking/examining the correctness of information exchanged between prospective providers and users; second, in principle, the principle of pre-contract iktikad has been established by various government procurement regulations at various levels of government procurement of goods/services, starting from the level of tender announcement, and explanation until finally the signing of the contract.

 

Index Terms- Principles of Good Faith, Pre-Contractual Stage, Procurement of Government Goods/Services

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