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Keberlanjutan Pembangunan Infrastruktur di Indonesia: Analisis Yuridis Penyesuaian Harga dalam Kontrak Konstruksi Yanuar, Riko; Saputro, Adi; Sami’an, S.
SIGn Jurnal Hukum Vol 6 No 2: Oktober 2024 - Maret 2025
Publisher : CV. Social Politic Genius (SIGn)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37276/sjh.v6i2.385

Abstract

This study examines the mechanism of price adjustments in construction contracts in Indonesia from philosophical, juridical, and practical perspectives. The background of this issue stems from fluctuations in construction material prices, which often threaten the sustainability of infrastructure projects. To address this issue, this study aims to analyze the philosophical foundations and legal doctrines underlying the price adjustment mechanism, evaluate the regulatory framework in Indonesia, and formulate recommendations to enhance the effectiveness of dispute prevention and resolution mechanisms. Employing a juridical-normative research method, this study analyzes the principle of contractual fairness and the doctrine of rebus sic stantibus as the foundation for price adjustments. The results show that Law Number 2 of 2017, Presidential Regulation Number 16 of 2018, and their implementing regulations have regulated the mechanism of price adjustments; however, their implementation still faces obstacles in the form of administrative complexity and transaction costs. To increase the effectiveness of this mechanism, the standardization of price adjustment clauses referring to international best practices, such as the FIDIC contract standards, is needed. In addition, optimization of a digital technology-based price information system, capacity building for stakeholders, and development of effective dispute resolution mechanisms, mainly through arbitration, are necessary. In conclusion, this study affirms that harmonising philosophical foundations, legal doctrines, adaptive regulations, and effective dispute prevention and resolution mechanisms is the key to optimizing price adjustments in construction contracts to support the investment climate and sustainable infrastructure development in Indonesia.
Harmonization of Electricity Construction Claim Prevention Mechanisms: Integration of Pre-Construction Documents, FIDIC Standards, and Standing Dispute Boards Junaedi, Junaedi; Sebastian, Reza Rafly; Rahmiko, Eko; Yanuar, Riko; Hardjomuljadi, Sarwono; Sami’an, S.
SIGn Journal of Social Science Vol 6 No 2: Desember 2025 - Mei 2026
Publisher : CV. Social Politic Genius (SIGn)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37276/sjss.v6i2.562

Abstract

Construction disputes in national strategic electricity projects often hinder cost and time efficiency. This problem is fundamentally rooted in pre-construction document uncertainty and the regulatory gap between national contracts and international standards. This research aims to analyze the juridical implications of incomplete Employer’s Requirements documents on claim validity. It also evaluates gaps in notification mechanisms and differences in work between SOE contract standards and the FIDIC Silver Book, and constructs a dispute-prevention harmonization model. The research method used is normative legal research, with statutory, comparative, and case approaches, applied to the Asahan 3 HEPP project. The results show that disputes in the execution phase are residues of errors in concept design in the pre-construction phase. This condition creates information asymmetry and injures the principle of good faith. Comparative analysis reveals significant gaps in variation and substantiation procedures. Bureaucratic rigidity in national contracts due to the disharmony between Law Number 2 of 2017 and the state finance regime hinders rapid resolution compared to the FIDIC early warning system. However, empirical evidence shows that SDB activation can effectively mitigate conflict escalation. The research concludes that the ideal harmonization model must transform the paradigm from dispute resolution to dispute prevention. This is achieved by integrating SDB institutionalization with the validity of BIM digital data as indisputable primary evidence. This step is necessary to guarantee legal certainty and the sustainability of national strategic projects.