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All Journal Pena Justisia: Media Komunikasi dan Kajian Hukum Pena : Jurnal Ilmu Pengetahuan dan Teknologi Interdisciplinary Social Studies KREATIF: Jurnal Pengabdian Masyarakat Nusantara
ian, sami
Faculty Of Law, Universitas Pekalongan, Pekalongan
Economics, Econometrics & Finance Education Engineering Environmental Science Health Professions Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Medicine & Pharmacology Public Health Social Sciences Other

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Journal : Interdisciplinary Social Studies

 1 
Comparative Analysis of the FIDIC Red Book Contract 2017 (Reprinted 2022) and the Indonesian National Construction Contract Wahyu Moerhadi Nugroho; Sami’an Sami’an; Sarwono Hardjomuljadi
Interdisciplinary Social Studies Vol. 5 No. 1 (2025): Regular Issue: October-December 2025
Publisher : International Journal Labs

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55324/iss.v5i1.974

Abstract

The landscape of construction projects in Indonesia is becoming increasingly complex with the growing involvement of international funding and foreign contractors. The FIDIC Red Book 2017 has become the dominant global standard, while Indonesia operates under its own national construction law framework. This study aims to comparatively analyze the principles, mechanisms, and risk allocation in the FIDIC Red Book 2017 (Reprinted 2022) and the Indonesian national construction contract framework as reflected in the Construction Services Law and its derivative regulations. Using a normative literature study with a comparative law approach, the research identifies fundamental philosophical differences in risk management. FIDIC emphasizes fairness, balanced risk allocation, and structured procedural mechanisms (FIDIC, 2022; Soekotjo, 2019), whereas Indonesia’s national regulations tend to favor the Employer (government) with limited contractual flexibility (LKPP, 2021). The key findings lie in differences related to claim mechanisms, the role of the Engineer, and dispute resolution processes. This study contributes by providing a systematic comparative mapping useful for stakeholders—especially in hybrid international–national projects—and offers recommendations for harmonizing and improving contractual frameworks in Indonesian construction practice.
Retention in Construction Contracts: Legal Analysis and Implementation Practices in Indonesia Dina Silviana; Sarwono Hardjomuljadi; Sami’an Sami’an; Anik Kunantiyorini
Interdisciplinary Social Studies Vol. 5 No. 1 (2025): Regular Issue: October-December 2025
Publisher : International Journal Labs

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55324/iss.v5i1.984

Abstract

Retention is a mechanism for withholding part of payments in construction contracts that is used to ensure the fulfillment of work maintenance obligations. In practice, retention often raises disputes, especially regarding late payments, detention without legitimate reasons, or unclear terms for release of retention. This study analyzes the legal position of retention, the legal basis that requires its payment, and the implications of default when retention is still withheld after the work is declared completed through the Final Hand Over (FHO). The research uses a literature study method on the Civil Code, the Construction Services Law, the FIDIC Red Book, procurement document standards, and contract law literature. The results of the study show that retention is a legal part of a contractual agreement that is subject to the principle of pacta sunt servanda based on Article 1338 of the Civil Code. Retention detention without a legal basis after the issuance of the FHO constitutes a default, which results in the obligation to pay retention along with compensation in accordance with Article 1243 of the Civil Code. The research concludes that the retention payment is an absolute obligation that must be fulfilled and its violation entitles the Contractor to demand performance and compensation.
Juridical Analysis of Abuse of Authority by Project Officials in the Perspective of Criminal Law Faal Murreyza D; Sami’an Sami’an; Sarwono Hardjomuljadi
Interdisciplinary Social Studies Vol. 5 No. 1 (2025): Regular Issue: October-December 2025
Publisher : International Journal Labs

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55324/iss.v5i1.1013

Abstract

Abuse of authority by project officials in construction works constitutes one of the primary patterns of corruption in public funds management. In practice, numerous cases demonstrate that budget users, delegated budget users, and commitment-making officials bear responsibility not only for tender decisions but also for controlling contract implementation, quality supervision, contract amendments, and payment approvals—creating opportunities for irregularities that result in state financial losses. This study analyzes the juridical construction of abuse of authority by project officials (Penyalahgunaan Wewenang oleh Pejabat Proyek) from the perspective of criminal corruption law, particularly Article 3 of Law No. 31 of 1999 as amended by Law No. 20 of 2001, in relation to the administrative framework under Law No. 30 of 2014 on Government Administration. Employing a normative juridical method with statutory, conceptual, and case approaches, it focuses on the Hambalang National Sport Training Center, e-KTP, and Banggai Laut Stadium projects. Findings reveal that (1) such abuse qualifies as corruption when involving deviation from authority's purpose, mens rea for undue benefit, and proven state losses; (2) boundaries between administrative misconduct and criminal corruption lack clear parameters; and (3) enforcement remains reactive, neglecting systemic governance improvements. Recommendations include clearer guidelines distinguishing errors from abuse, stronger oversight, and reforms to prevent corruption while protecting good-faith officials.
Co-Authors Anik Kunantiyorini Dina Silviana Ervi Ervi Faal Murreyza D Fajar Prasetyo Izull Arob M. Fatkhul Ibad Muhammad Syakif Arsilan Nadinil Hasna Salman Al Farisi Sarwono Hardjomuljadi Sri Puji Ningsih Sri Puji Ningsih Wahyu Moerhadi Nugroho