ICC Begins Hearing of Alleged Bid Rigging Case On Road Improvement Works In Aceh Province.

Jakarta (21/8) – The Indonesia Competition Commission (ICC) on August 21st, 2023, began a preliminary examination panel session on case number 08/KPPU-L/2023 concerning alleged violations of Article 22 of Law Number 5 of 1999 related to the procurement of the Peureulak-Lokop – Batas Gayo Lues Road improvement work package (P.035.11) Segment 3 (Multi-Year Contract/MYC) in Aceh Province for the 2020-2022 Budget Year. The hybrid session was chaired by Commissioner Dinni Melanie as Chairperson of the Commission Panel and accompanied by Commissioner M. Afif Hasbullah and Commissioner Ukay Karyadi as Members of the Commission Panel, with the first agenda being the presentation of the Alleged Violation Report (“LDP”) by the ICC Investigator.

In the case originating from the public report, there are several reporters mentioned in the LDP, namely PT Wanita Mandiri Perkasa (Reported Party I), PT Tamiang Karya (Reported Party II), PT Andesmont Sakti (Reported Party III), PT Galih Medan Persada (Reported Party IV), and Pokja PBJ-XXXIII Aceh Province (Reported Party V). In the hearing, three reported parties, namely Reported Party II, Reported Party IV, and Reported Party V, were present online. While the two reported parties, namely Reported Party I and Reported Party III, did not attend the hearing. The alleged conspiracy occurred in the procurement of the construction work package for the improvement of the Peureulak-Lokop Road-Gayo Lues Boundary (P.P.). Gayo Lues Boundary (P.035.11) (Segment 3) has a total cost estimated price (HPS) valued at Rp223,199,715,670, which is financed through the Aceh Provincial Budget on a multi-year basis for the 2020–2022 period, with details of the 2022 Provincial Budget amounting to IDR96,745,010,053, the 2021 Provincial Budget of Rp96,744,000,000, and the 2020 Provincial Budget of Rp29,710,989,947.

In the LDP, the investigator describes the findings of several facts about alleged violations of Article 22 of Law Number 5 Year 1999, including the existence of various adjustments to the procurement, interactions between tender participants, and preferential treatment of Reported Party V to the tender winner. After hearing the LDP, the Commission Panel will continue the next hearing with the agenda of examining the completeness and suitability of evidence (in the form of letters and/or supporting documents) in the LDP of the Investigator on August 29, 2023. Investigator on August 29, 2023, at the ICC Office in Jakarta. This preliminary examination session will be held for 30 (thirty) working days, starting on August 21, 2023, and ending on October 2, 2023.