Supreme Court Upholds Decision of ICC on Procurement Tender at RSUD Embung Fatimah Kota Batam.

Jakarta (4/3) – The Supreme Court of the Republic of Indonesia (Supreme Court of RI) has turned down the Cassation appeal for Decision of ICC with regard to Tender for the Procurement of Medical, Health, and Family Planning Appliances at Rumah Sakit Umum Daerah (RSUD) Embung Fatimah Kota Batam (Embung Fatimah Regional Government-Run General Hospital of Batam City for the 2021 Fiscal Year as submitted by PT Sangga Cipta Perwita as petitioner (and one of the Reported Parties). Upon the handing down of the Cassation on February 24, 2022 by virtue of Decision of the Supreme Court of the Republic of Indonesia Number 247 K/Pdt.Sus-KPPU/2022, then Decision of ICC under Case Number 10/KPPU-L/2013 has had a permanent legal force and the Reported Parties are obligated to implement the Decision. Specifically for PT. Sangga Cipta Perwita, it is obligated to pay for a fine of IDR450,000,000 (four hundred and fifty million rupiah) to the state treasury by no later than 30 (thirty) days from the receipt of the Decision.

This case had its origin from a public report on the procurement process for Medical, Health, and Family Planning Appliances at the Embung Fatimah Regional Government-Run General Hospital (RSUD) in Batam City in the 2021 Fiscal Year. The case has involved several Reported Parties, viz. PT. Masmo Masjaya (Reported Party I), PT. Sangga Cipta Perwita (Reported Party II), and PT. Trigels Indonesia (Reported Party III). Based on the facts disclosed in the hearings, there is a finding that there have been actions leading to a pseudo competition in the form of the existence of cooperation in the preparation of the documents in setting the bid price the aim of which is to make PT. Masmo Masjaya win. Based on the said facts of the hearings, the Commission Panel decided in its Decision read out on June 24, 2014 that the Reported Parties had legally and convincingly violated Article 22 (Tender Conspiracy) of Law Number 5 Year 1999 regarding Prohibition of Monopolistic Practices and Unfair Business Competition and imposed a sentence in the form of fine on Reported Party I amounting to IDR900,000,000 (nine hundred million rupiah), Reported Party II amounting to IDR450,000,000 (four hundred and fifty million rupiah), and Reported Party III amounting to IDR100,000,000 (one hundred million rupiah), respectively.

Reported Party II then took a remedy in the form of the lodging of objection to the said Decision to the East Jakarta District Court. The East Jakarta District Court by virtue of Decision Number 01/PDTKPPU/2014/PNJAKTIM turned down such objection on September 18, 2014. Being not content with with the result of the objection, Reported Party II filed a Cassation request on January 5, 2022. Based on its Decision, the Supreme Court of the Republic of Indonesia turned down the Cassation request and upheld Decision of ICC Number 10/KPPU-L/2013.