RECONSTRUCTION OF LEGAL PROTECTION OF PRIVATE ENTREPRENEURS IN A DISPUTE OVER GOVERNMENT'S PROCUREMENT OF GOODS AND SERVICES BASED ON JUSTICE VALUE

Legal protection for private entrepreneurs as providers or sellers of government goods and services (Procurement) must receive attention for the avoidance of arbitrariness and injustice in the process of procuring government goods and services. Considering the position of the buyer in government procurement is the government itself, the author made a study that examines the weaknesses of legal protection for private entrepreneurs as providers or sellers of government goods and services and how its reconstruction. The study was done using the constructivism paradigm and the type of research is a qualitative study with a socio-legal approach. Research shows that the weaknesses in the legal protection of private entrepreneurs in goods / services procurement disputes in government where there are weaknesses in procurement regulations, namely: (1) there are no regulations that clearly regulate the legal protection mechanisms for resolving procurement disputes at all stages. (2) Dispute resolution still has no provision that gives legal certainty the competence of the Settlement Institution authorized to adjudicate. (3) Provisions for procurement which are still stipulated in legal products of Presidential Regulation must be subject to other existing laws. In addition to this, in the case of the Judiciary in Indonesia in dealing with procurement issues also still has many weaknesses, namely: (1) There is no judge who specifically handles the case of procurement of goods / services of the government with various training; (2) There has not been a special court for procurement, PTUN and PN authority disputes, Judges competence in the Procurement field, Court proceedings with ordinary procedural law require a long time and a large cost. Reconstruction of legal protection of private entrepreneurs in disputes over the procurement of goods / services in the government based on justice values by reconstructing the provisions of Presidential Regulation No. 16 of 2018 concerning Procurement of Government Goods / Services, Part 85, Article 85 in order to realize the procurement of respectable government goods / services and procurement objectives.