Good Faith Governance: Risk Management in Government Procurement Contracts

Abstract

The parties' good faith must accompany implementing goods/services procurement agreements. Good faith is a filter based on moral values ​​and decency. In the contract for the procurement of goods/services, the government is said to have the ability to pay (solve) to the provider in accordance with the value of the contract that has been mutually agreed upon, with a guarantee that every contact has always been budgeted for in the RAPBN/D but in reality bankrupt) In this case, there is a claim from the private party, the goods/services provider. Therefore, we need regulation on how the government can regulate or make clear rules that demand from the private sector no longer arise because, of course, this is very disturbing to government affairs, even though in every contract, it is hoped that it will run well and smoothly. Therefore, risk management is needed against lawsuits from private parties. The research method is normative research with a concept approach (especially the concept of risk management, government default, goods/services procurement contracts and good faith); the case approach and the relevant statutory approach were used in this study. This study aims to examine and elaborate more on the government's default risk management arrangements in government goods/services procurement contracts from the principle of good faith. Procurement of goods/services from the perspective of good faith. Risk management arrangements are needed to avoid the risk of claims from the private sector, in this case, providers of goods/services against the government with affirmation actions in laws and regulations related to the procurement of government goods/ services, that when the government defaults/defaults it does not interfere with the implementation of government duties.