Strangely, The DKI Provincial Government Does Not Obey The PTUN Decision On ERP Issues

JAKARTA - The DKI Provincial Government is adamant that it will repeat the auction process for the Electronic Road Pricing (ERP) procurement in April this year. In fact, currently the plan to procure a paid road system is currently pending a legal case.

Moreover, the Jakarta State Administrative Court (PTUN) has granted the lawsuit of one of the ERP auction participants, namely PT Bali Towerindo Sentra, who was disappointed that the vendor's proposal was canceled by DKI Governor Anies Baswedan.

As a result, the PTUN also prohibited DKI Jakarta Governor Anies Baswedan from taking further actions that could harm the plaintiffs, including holding a new tender process for ERP procurement until a decision was legally binding (inkracht).

However, the DKI Pemprov did not immediately obey this decision. Head of the DKI Jakarta Transportation Agency, Syafrin Liputo, said that his party would continue to run the auction process.

"We are currently preparing to improve technical documents as well as regulations, then we are ready to conduct the auction," said Syafrin at City Hall, Central Jakarta, Friday, March 6.

The DKI Provincial Government, said Syafrin, still claims that Anies' decision to cancel the auction is in accordance with general principles of correct governance. Cancellation of this auction is also in accordance with the legal opinion or recommendation from the Attorney General's Office.

Moreover, said Syafrin, the previous auction procurement process had a potential violation mode in the form of post bidding. This means that there are actions to change, increase, or decrease the procurement documents beyond the bid entry limit.

"If there is a rule that is violated by the committee in the process, then the auction is called a post bidding. If the auction is continued, the risk is criminal. Therefore, it must be stopped," he said.

To strengthen this action, the DKI Provincial Government will file an appeal to the High State Administrative Court (PTTUN). So, the legal process will continue.

"Because our principle is that we want to apply the general principles of good governance. So, from that result we will make an appeal," he said.

As previously reported, the Jakarta State Administrative Court granted all claims from the SMART ERP consortium from one of the auction participants, namely PT Bali Towerindo Sentra. The lawsuit has number 191 / G / 2019 / PTUN.JKT and entered on September 25, 2019.

"Judging in adjournment, granted the request for postponement of the plaintiff in its entirety and granted the plaintiff's claim to revoke the announcement letter of auction cancellation and declared the object of the dispute canceled in the form of an announcement letter of the cancellation of the auction of the electronic paid road system," said Chief Justice of PTUN M. Arif Pratomo, quoted from the official website. PTUN Jakarta.

In this case, the panel of judges believes the Committee for the Procurement of Goods / Services for the Construction of the DKI Jakarta Provincial Electronic Paid Road System not to repeat the ongoing auction process. Even so, Anies has asked for a recommendation from the Attorney General's Office to repeat the auction process.