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Sami’an, S.
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Law, Crime, Criminology & Criminal Justice Social Sciences

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Mewujudkan Persaingan Sehat dalam Proses Pengadaan Jasa Konstruksi di Perusahaan Listrik Negara: Suatu Kajian Normatif Lessy, Achmad Syabril; Sami’an, S.; Hardjomuljadi, Sarwono
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.v6i2.403

Abstract

Construction services procurement at PLN Ltd carries a high risk of unfair competition practices, which can hinder the development of national electricity infrastructure. This research aims to analyze the normative framework and evaluate the effectiveness of mechanisms for preventing unfair competition practices in construction services procurement at PLN Ltd. This normative legal research employs a statute approach and a conceptual approach, with library research techniques for data collection. The research findings indicate that the normative framework governing business competition in construction services procurement at PLN Ltd is comprehensive, encompassing Law Number 5 of 1999, Law Number 2 of 2017, Presidential Regulation Number 16 of 2018, and Board of Directors Regulation Number 0018.P/DIR/2023. Nevertheless, harmonization among regulations needs to be enhanced. Implementing prevention mechanisms, such as e-purchasing and internal oversight units, is not yet optimal due to system quality, independence, and stakeholder awareness. To enhance the effectiveness of prevention, it is recommended that the implementation of GCG at PLN Ltd be strengthened, synergistic oversight by KPPU and LKPP increased, and service provider compliance with fair competition principles improved.
Persyaratan Klaim Biaya Overhead dan Mekanisme Penyelesaian Sengketa Konstruksi di Indonesia: Suatu Kajian Normatif Qadri, Qadri; Sami’an, S.; Saputro, Adi
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.v6i2.404

Abstract

Overhead cost claim disputes are a crucial issue in Indonesia’s construction industry. Therefore, this research aims to comprehensively analyze the legal aspects of overhead cost claims in construction contracts in Indonesia, encompassing the legal basis, types of claimable costs, legal conditions triggering claims, claim submission requirements, calculation methods, and dispute resolution mechanisms. A normative juridical method is employed to achieve this objective, using a statute, case, and conceptual approach. Data is sourced from statutory regulations, construction contract standards, jurisprudence, and legal literature and then analyzed qualitatively. Substantively, this research finds that the legal basis for overhead cost claims in Indonesia involves a complex interaction between Law Number 2 of 2017, Government Regulation Number 22 of 2020, the Civil Code, and contract standards such as FIDIC. Furthermore, overhead claims must be based on wanprestasi (breach of contract), force majeure, or variation orders and must meet the requirements of notification, documentation, accountable calculation, and causality. In terms of calculation, the accepted method must be by the principle of compensation. As for dispute resolution, it can be through mediation, conciliation, arbitration, or litigation, with the caveat that the selection of a mechanism depends on a case-by-case analysis. Overall, this research provides a comprehensive understanding of the legal aspects of overhead cost claims in construction contracts 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.
Legal Implications of Extension of Time in Power Plant Construction Projects: A Comparative Study of FIDIC and Indonesian Law Indahwati, Amaliyah Noor; Baroroh, Eric; Wisnuaji, Haryo; Sumantri, Mahfiar Fajar Akbar; 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.v6i2.565

Abstract

Disputes related to EoT in electricity EPC projects frequently escalate due to normative conflicts. This conflict arises between the time-bar clause in the FIDIC international contract standards, characterized by strict liability, and the principle of equity in Indonesian civil law. This research aims to analyze the validity of the time-bar clause in light of the principle of good faith, qualify the characteristics of excusable delay in concurrent delay situations, and reconstruct effective dispute-resolution mechanisms. The research method employed is a normative juridical approach, with comparative and empirical case study methods, applied to power plant projects. The results indicate that the application of claim rights forfeiture sanctions due to administrative notification delays possesses conditionally binding force. Such provisions can be set aside if the Service User is proven to have violated the prevention principle. Furthermore, in concurrent delay situations, national law mandates the proportional application of the apportionment principle. This research also finds that the Standing Dispute Board, as provided for in PUPR Ministerial Regulation Number 11 of 2021, is a more effective preventive instrument than arbitration for maintaining project cash flow liquidity. It is concluded that legal harmonization through teleological contract interpretation and the strengthening of Dispute Board executive regulations is imperative. The implications of these findings demand that stakeholders revise the Particular Conditions of contract to accommodate equitable administrative flexibility, ensuring legal certainty and the sustainability of national strategic infrastructure.
Effectiveness of the BANI Binding Opinion in the Resolution of Construction Contract Interpretation Disputes: A Case Study of the Kalimantan Steam Power Plant (2x5 MW) Project Anrizal, Anrizal; Aprianto, Agung; Baharuddin, Ifdal; Lapasau, Ronald; 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.v6i2.584

Abstract

Construction disputes in Indonesia are often rooted in differences in the interpretation of contract clauses. This is reflected in the dispute between PT PLN (Persero) and PT XXX over the Kalimantan Steam Power Plant (2x5 MW) development project, regarding claims for an extension of time and additional cost compensation due to social access obstacles. This research aims to conduct a juridical analysis of problems in the interpretation of contract clauses. Additionally, this research constructs the legal basis for granting EoT and real cost compensation, and evaluates the effectiveness and executive power of the BANI Binding Opinion as an instrument of legal certainty. The research method used is normative juridical, through the statute and case approaches to the BANI Binding Opinion Number: XX/BO-BANI/2017 document, and the conceptual approach. The research results reveal that the interpretational deadlock was triggered by the parties’ failure to reach an agreement regarding the allocation of external obstacle risks beyond the contractor’s control. Therefore, BANI determined that a time extension and cost compensation should be granted using the actual implementation cost difference method, based on the principles of propriety and contractual justice, to restore the service provider’s economic position. It is concluded that the BANI Binding Opinion is a highly effective, efficient dispute resolution solution, and possesses stable executive power as regulated in Article 52 and Article 53 of Law Number 30 of 1999. This instrument provides the parties with final and binding legal certainty. This mechanism also mitigates the risk of project termination by registering the decision at the district court without going through an adversarial adjudication process.
Limitation of Authority of the BANI Arbitration Center in Government Construction Contract Disputes within the Electricity Sector Pasaribu, David Mangara; Winada, Erik; Sungkara, Fajar; Sitompul, Wesleyzon; Wibowo, Singgar Mataniari; 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.v6i2.589

Abstract

Electricity infrastructure development is a national strategic sector directly intersecting with energy sovereignty and public interest. Therefore, construction contract disputes therein involve an intersection between private law and public law regimes. This research aims to critically analyze the basis of BANI’s legitimacy and the limitations of its authority in resolving government-construction contract disputes in the electricity sector. This is intended to guarantee the protection of energy sovereignty and the principle of legality in government administration. The research method applied is a normative juridical approach using the statute, conceptual, and case approaches, with a prescriptive, deductive syllogism analysis technique. The research results indicate that BANI’s legitimacy is derivative and limited. The arbitration institution lacks the adjudicative authority to review the validity of state administrative decisions or to set aside public electricity safety standards. These findings assert that BANI’s role must be reconstructed to remain within the corridor of purely commercial aspects without exceeding the administrative authority of public officials (ultra vires) in managing national strategic infrastructure. In conclusion, the limitation of arbitration authority is a manifestation of the limited delegation of authority doctrine, necessary to maintain state administration accountability while providing legal certainty for energy investment. This reconstruction makes a theoretical contribution by harmonizing party autonomy in civil law with legal sovereignty in the realms of Constitutional Law and State Administrative Law.
Co-Authors ADI SAPUTRO Anrizal, Anrizal Aprianto . Baharuddin, Ifdal Baroroh, Eric Indahwati, Amaliyah Noor Junaedi Junaedi Lapasau, Ronald Lessy, Achmad Syabril Pasaribu, David Mangara Qadri Qadri, Qadri Rahmiko, Eko Sarwono Hardjomuljadi Sebastian, Reza Rafly Sitompul, Wesleyzon Sumantri, Mahfiar Fajar Akbar Sungkara, Fajar Triwijaya, Helmy Yulian Wibowo, Singgar Mataniari Winada, Erik Wiraantaka, Jaka Adiprasetya Wisatrioda, Bayu Wisnuaji, Haryo Yanuar, Riko