Article Per Year (5 Year)
p-Index From 2021 - 2026
0.92
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All Journal Interdisciplinary Social Studies Journal of Social Research
Sami'an Sami'an
Universitas Pekalongan
Humanities Computer Science & IT Economics, Econometrics & Finance Education Environmental Science Languange, Linguistic, Communication & Media Public Health Social Sciences

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 1 
The Principle of Legal Certainty in the Implementation of Projects Funded by the State Budget (APBN): Reformulating an Adaptive Contract Model and Digital Governance for Public Procurement in Indonesia Mochamad Ichsan; 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.v5i1.972

Abstract

Implementation of government projects funded by the State Revenue and Expenditure Budget (APBN) still often faces legal uncertainty problems, particularly in the implementation of public construction contracts affected by price fluctuations, complex project risks, and suboptimal dispute resolution mechanisms. The principle of legal certainty—an essential foundation of public administration—has not been fully realized consistently in government goods and services procurement practices. This research uses a normative juridical method with a statutory and conceptual approach, aiming to formulate an adaptive contract model and a digital law governance framework relevant to the dynamics of state construction projects. The findings show the need to reformulate a more robust contract model that is responsive to changing conditions through the implementation of price adjustment clauses, proportional risk distribution, and the use of dispute boards as preventive dispute-resolution instruments. Moreover, the integration of digital systems such as SPSE (Electronic Procurement System), e-monitoring, and smart legal dashboards plays a significant role in strengthening data-based legal certainty and enhancing transparency in the procurement process. Based on these findings, the research recommends updating regulations and designing more adaptive construction contracts to support accountability, efficiency, and strengthen public trust in the implementation of national strategic projects.
Administrative Accountability of Officials for The Receipt of Goods Not In Accordance with The Contract Andi Yuliadi; 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.v5i1.1012

Abstract

The receipt of goods that are not in accordance with the contract in government procurement is one of the main sources of state losses, contractual disputes, and legal uncertainty in the implementation of projects. Receiving officials, such as Commitment Making Officials (PPK), Work Results Recipients (PPHP), and technical teams, have inherent legal and administrative responsibilities in ensuring the suitability of specifications, quality, quantity, and delivery time of goods. This article discusses the form of administrative accountability when officials receive goods that are not in accordance with the contract, reviewed from the legal framework of government procurement, the principle of legal certainty, the principle of accountability, and the legal norms of state administration. Through a juridical-normative approach, this study examines the relationship between official authority, standard operating procedures (SOPs), the risk of administrative irregularities, and legal consequences such as administrative sanctions, compensation demands, and potential unlawful acts by the ruler (onrechtmatige overheidsdaad). The findings show that the receipt of goods not in accordance with the contract not only violates the provisions of the PBJ Presidential Regulation, but is also a failure to implement the principle of legal certainty and the principle of prudence, which can result in administrative accountability and even ASN discipline. This article recommends strengthening the technical verification mechanism, digital governance in the inspection of goods, and reformulation of SOPs for receipt of goods to prevent contract deviations.
Legal Analysis of Compensation for Building Failure Endry Zhulham Pratama; Sami'an Sami'an; Sarwono Hardjomuljadi; Dwi Edi Wibowo
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.v5i1.1020

Abstract

Building failure is a multidimensional problem in the construction sector that includes aspects of agreements, technical performance, and civil consequences. This study examines legal arrangements related to building failures in Indonesia, reads the pattern of accountability in a number of Supreme Court decisions, and contrasts it with international practice. The research was conducted through the search for regulations, court decisions, and academic literature as the basis for normative analysis. The findings show that the absence of uniform technical investigation procedures, weak project documentation, and differences in expert approaches also trigger differences in verdicts. As a new contribution, this study introduces the Building Failure Integrated Analysis Model (MAT-KB) which combines contract analysis, tort principles, forensic evaluation, and economic considerations to strengthen the accuracy and consistency of dispute resolution. This model is considered to be able to provide a more comprehensive evaluation framework for construction law practice in Indonesia.
The Role of Uncitral in Standardizing International Project Contracts and Its Implementation in Indonesia Egit Bobyarta; Sarwono Hardjomuljadi; Sami'an Sami'an; Anik Kunantiyorini
Journal of Social Research Vol. 5 No. 2 (2026): Journal of Social Research
Publisher : International Journal Labs

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55324/josr.v5i2.3022

Abstract

The globalization of cross-border construction projects increases the need for legal certainty and uniformity in the arrangement of international construction contracts. Differences in national legal systems, the complexity of long-term projects, and the dynamics of technical and economic risks often lead to contractual imbalances and potential disputes. In this context, UNCITRAL plays an important role through the development of soft law international legal instruments, especially the UNCITRAL Legal Guide on Drawing Up International Contracts for the Construction of Industrial Works, which provides a principled normative framework for the design of international construction contracts. This study aims to analyze the role of UNCITRAL in the standardization of international construction contracts and examine the implementation of these principles in construction contract practices in Indonesia, taking into account the development of national contract standards regulated in the Regulation of the Government Goods/Services Procurement Policy Institute Number 4 of 2024 and the Regulation of the Minister of Public Works and Public Housing Number 25 of 2020. The research method used is normative legal research with a legislative, conceptual, and analytical approach to UNCITRAL instruments and relevant national regulations. The results show that UNCITRAL functions as a normative framework that emphasizes procedural clarity, proportionate risk allocation, contract adaptation to changing circumstances, and a tiered dispute resolution mechanism.
The Constitutional Rights of the Community Regarding Fair Development Projects: Legal Position and Legal Certainty Nana Arthana; Sami'an Sami'an; Ganis Vitayanti Noor
Journal of Social Research Vol. 5 No. 2 (2026): Journal of Social Research
Publisher : International Journal Labs

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55324/josr.v5i2.3023

Abstract

Construction projects inherently involve the public sphere because their outcomes directly impact community safety, welfare, and access to public facilities. Consequently, the fulfillment of constitutional rights—particularly the principles of equality before the law under Article 27(1) of the 1945 Constitution and legal certainty under Article 28D(1)—is essential to ensure that development is carried out fairly. This article examines how these rights are realized or potentially violated through two key regulatory instruments: construction contracts and building permit processes. Using a normative juridical method supported by statutory analysis, doctrinal review, and comparative reference to FIDIC Red Book 2017, the study identifies common sources of constitutional risk such as ambiguous technical specifications, unclear brand corridors, incomplete designs, and procedurally defective permits. The article concludes that strengthening contract documents, enhancing transparency of permitting procedures, and ensuring accountable public oversight are crucial for safeguarding constitutional rights in equitable development.
Co-Authors Andi Yuliadi Anik Kunantiyorini Dwi Edi Wibowo Egit Bobyarta Endry Zhulham Pratama Ganis Vitayanti Noor Mochamad Ichsan Nana Arthana Sarwono Hardjomuljadi