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All Journal Interdisciplinary Social Studies
Sami'an Sami'an
Universitas Pekalongan
Environmental Science Languange, Linguistic, Communication & Media Public Health Social Sciences

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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.
Co-Authors Andi Yuliadi Dwi Edi Wibowo Endry Zhulham Pratama Mochamad Ichsan Sarwono Hardjomuljadi