THE PUBLIC OPENNESS PRINCIPLE IN GOVERNMENT AGREEMENT

Indah Cahyani
2018 Proceedings of the International Conference on Law, Governance and Globalization 2017 (ICLGG 2017)   unpublished
The openness principle is a principle in The General Good Goverment Principles, on the other hand the agreement is an engagement that is subject to private law. The intersection between public law and private law in a legal act is a legal event that has two legal characters at once. The character of public law is characterized by the interference of government to the civil, another characteristic is the need for legality while the character of private law is the autonomy of the parties. Public
more » ... ervice Law article 5 clouse (3) letter c dan clouse (4) letter c explains that, the scope of public services including public service provision that procurement, distribution or provision of services does not come from the State Budget or Regional Budget Or a business entity whose capital of incorporation is partly or wholly derived from the property of the State and / or the separated regional wealth, but its availability becomes a State mission laid down in legislation. From the description of the two verses explained that the private sector in conducting its business activities during what is the business activity is the provision of services and goods that become public needs, it can be said that private or private legal entities perform the functions of the State. Different characteristics between public law and private law related to private public relations in the provision of public services is a potential conflict problem in the future. This paper attempt to analyze the relationship between the openness principles and the law principles of agreemments, as well as its implementation in government agreements.
doi:10.2991/iclgg-17.2018.18 fatcat:oyqyoqgzhvgwxbl2p6zciev4k4