The Suitability Of Antitrust Immunity In The Assignment Of The Procurement Of The Covid-19 Vaccine By Pt. Bio Farma (Persero)

Abstract

The emergence of the Covid-19 virus outbreak, brings several negative impacts on people health and the economy of which the recovery will take a quite long time. The initial action taken by many countries is to improve the quality of their respective health, including producing a Covid-19 vaccine. In Indonesia, the Government has assigned PT Bio Farma, which is a State-Owned Enterprise, to procure Covid-19 vaccines, in accordance with Presidential Regulation Number 99 of 2020 concerning Vaccine Procurement and Vaccine Implementation in the Context of Eradicating Corona Virus Disease 2019 (Covid19 Pandemic. This study examines the suitability of Antitrust Immunity in the assignment of COVID-19 vaccine procurement to PT. Biofarma. Furthermore, there is Presidential Regulation Number 99 of 2020 concerning Vaccine Procurement and Vaccine Implementation in the Context of Eradicating the 2019 Corona Virus Disease (Covid-19) Pandemic, including Antitrust Immunity. Antitrust immunity is a exceptions to the prohibition of monopolistic practices for business actors with certain criteria. Provisions that are excluded from the application include Article 50 letter a and Article 51 of Law Number 5 of 1999. Based on this arrangement, the Covid-19 Vaccine Assignment in Indonesia should only focus on PT Bio Farma PT Bio Fa RMA is a BUMN that is appointed directly based on the applicable laws and regulations by taking into account the fulfillment of community needs. Furthermore, if in carrying out the assignment PT Bio Farma requires goods and or services, then it should be done by tender.