KPPU Ready To Face Submission Of Appeals For Jakpro Who Didn't Accept Being Decided To Conspiracy To Tender For TIM Revitalization
JAKARTA - Public Relations of the Business Competition Supervisory Commission (KPPU) Deswin Nur stated that his party invited PT Jakarta Propertindo (Jakpro) to appeal the KPPU's decision.
In its decision, KPPU stated that there was a conspiracy to revitalize Taman Ismail Marzuki (TIM) Jakpro as a BUMD manager with the winner of the construction tender.
"For KPPU, the objection by the reported party (Jakpro) is a natural thing. We will see further developments in the commercial court later," Deswin told reporters, Monday, July 24.
Deswin said, Jakpro or other reported parties of course have the right to file an objection to the Commercial Court, a maximum of 14 days after the decision is received. They are also required to submit a request to the court by submitting a bank guarantee.
"If an objection has been submitted, the KPPU will of course delegate the verdict and all evidence that is owned to the court to be assessed further by the judge," he explained.
Initially, KPPU received a public report involving the conspiracy to tender the revitalization of TIM stage 3. There were 5 participants who included bidding documents, namely PT Waskita Karya, KSO PP-JAKON, PT Wijaya Karya Bangunan Bangunan, PT Adhi Karya, and PT Hutama Karya.
Then, PT Wijaya Karya was declared the winner of the tender. However, on June 21, 2021, the Director of Human Resources and General Affairs of PT Jakpro did not approve the tender results and asked for a re-tender.
So that in the second tender conducted on August 16, 2021, Jakpro appointed KSO PP-JAKON as the winner of the tender.
Until the results of the KPPU's decision numbered case 17/KPPU-L/2022 which was read out on July 18, 2023, KPPU stated that PT Jakpro's tender conspiracy was proven as reported I along with KSO PP-JAKON which is a consortium between PT Pembangunan Perumahan as reported II and PT Jaya Konstruksi Manggala Pratama as Report III.
From this condition, KPPU assessed that there had been an effort to win the tender between Jakpro and KSO PP-JAKON.
"The action of Reported I (Jakpro) which canceled the tender without being based on legal and accountable justification, proves that the cancellation of the tender was deliberately carried out by Reported I as a form of act to facilitate Reported II and Reported III (KSO) to win the a quo tender," he explained.
Thus, KPPU imposed sanctions on the two tender-winning companies with a fine of a total of IDR 27 billion.
"For the violations committed, the Commission Council imposed a fine of Rp. 16,800,000,000 to PT Pembangunan Perumahan (Persero) Tbk, and Rp. 11,200,000,000 to PT Jaya Konstruksi Manggala Pratama Tbk," wrote the KPPU statement.
Responding to the decision, Jakpro plans to make an appeal. President Director of PT Jakpro Iwan Takwin said that his party was still preparing the documents needed to fight the KPPU's decision.
"Jakpro respects the ongoing process and currently together with the legal team we are preparing to take the next stage, namely the appeal process," said Iwan in a short message.
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Iwan views that Jakpro has always fulfilled and paid attention to the rules that apply in the implementation of the procurement of goods and services.
"We also continue to make improvements and improvements to the system, business processes, and SOPs, by looking at Jakpro's plans and business plans in the future. This is to mitigate potential risks in the future," he said.