ICC DECIDES SPAM CASE IN GRESIK
Jakarta (19/8) - Indonesia Competition Commission (ICC) read out Decision on a case of Alleged Violation of Article 22 of Law Number 5 Year 1999 regarding the Procurement of Business Entity Undertaking Cooperation Projects in the Development of a Drinking Water Supply System (SPAM) with a Capacity of 1000 L/S at PDAM Giri Tirta (Giri Tirta Regional Water Utility), Gresik Regency, East Java today. The Commission Panel decided that the Reported Parties were not proven to have violated Article 22 in the said procurement process in Decision on Case No. 15/KPPU-L/2020.
This case had its origin from a report received by ICC involving various Reported Parties, namely Giri Tirta Regional Water Utility (PDAM) of Gresik Regency (Reported Party I), PT Pembangunan Perumahan (Persero), Tbk. (Reported Party II), and PT Krakatau Tirta Industri (Reported Party III). The pre-investigation proceedings proceeded with the examination stage by the Commission Panel Hearing. The Commission Panel judges through the hearing proceedings that the various instruments of proof presented and obtained during the hearing proceedings may not fulfill the existence of the element of conspiracy perpetrated by the Reported Parties. Hence, considering the existing various facts, assessment, analysis, and conclusion, the Commission Panel eventually decided that the Reported Parties were not proven to have violated Article 22 of Law Number 5 Year 1999.
The Commission Panel in its decision also instructs the Regional Government, especially the Gresik Regency Government, to reform regulations related to the guidelines for Regional Government-Owned Enterprises (BUMDs) in determining business partners so as to comply with the principles of fair business competition and conduct certification agaist the Committee for the Procurement of Goods/Services and/or business partners operated by BUMDs in order to comply with the principles of fair business competition.