LEGAL RESPONSIBILITIES OF COMMITMENT-MAKING OFFICER OF DEFAULT BY THE GOVERNMENT PROCUREMENT CONTRACTS

Abstract

Government procurement projects in Indonesia encounter various challenges, one of which is the government's default on its obligations through delayed payments to suppliers of goods and services. This research addresses two primary issues: first, the legal relationships formed within government procurement processes, and second, the liability that arises from defaults in these contracts. This normative legal research provides a detailed examination of the legal framework that governs these relationships. The procurement process involves key government officials, including the Authorizing Officer (PA), Commitment-Making Officer (PPK), and Budget User Authority (KPA), who act on behalf of the government. These officials are responsible for contract management and budget oversight. Should the government fail to fulfill its payment obligations in a timely manner, it may be held legally liable for compensating the provider for any resulting losses, fees, and interest. The liability of the PPK, when acting within the scope of their official duties and in good faith, remains the responsibility of the state. However, if the PPK's actions are found to be intentional or negligent, they may be personally liable, subject to criminal or administrative sanctions