EVALUASI HAK & KEWAJIBAN ANTARA PERJANJIAN KONTRAK NASIONAL DENGAN PERSYARATAN STANDAR FIDIC (STUDI KASUS: PROYEK PEMBANGUNAN GEDUNG PEMUDA DAN KEBUDAYAAN TEMANGGUNG)
ABSTRACT: In construction
projects is often a dispute between the owner and the contractor, due to
imbalance between the rights and obligations of the clauses of agreement
contained in the contract agreement. Many standard contract used in Indonesia
and abroad. One of the example is international FIDIC standard. To minimize
imbalance, its important to know what are prone clause disputes based on
standard FIDIC. The purpose of this study was to determine what clauses are
prone to dispute and to see how the necessity of FIDIC standard is applied at
the national contract documents. The data and information comes from the
research and literature studies (books, regulations). Data processing is done
by analyzing the rights and obligations of the owner and contractor clauses in
contract document itself, then be reviewed with the FIDIC standard, and latter
to compare the two. Regarding verification and validation perfomed by
interviewing field of construction experts. The results showed that vulnerable
disputed clauses are clause sanctions, payments, fines, bail enforcement,
contract value, and the exercise period. Then concluded also that the terms of
contract in Indonesia doesn’t need to refer FIDIC standard, because FIDIC
standard deemed not appropriate when applied in Indonesia due to regulatory
problems.
KEYWORDS: Contract
construction; FIDIC contract requirements; analysis of rights and obligations;
potential disputes
Penulis: Satrio Agung Utomo,
Yanuar Asmara Putra, Arif Hidayat, Frida Kistiani
Kode Jurnal: jptsipildd150202
