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All Journal SIGn Jurnal Hukum SIGn Journal of Social Science
Rahmiko, Eko
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Law, Crime, Criminology & Criminal Justice Social Sciences

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Dinamika Hukum dalam Proses Perizinan Pembangunan Saluran Udara Tegangan Ekstra Tinggi di Sumatera Selatan Rahmiko, Eko; 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.v6i2.394

Abstract

In order to meet the ever-increasing electricity demand in Indonesia, the development of EHV Overhead Lines has become crucial. This research examines the legal dynamics in the permitting process for EHV Overhead Line development in South Sumatra, which is identified as a major inhibiting factor for developing this infrastructure. This research uses a juridical-empirical approach with a case study in South Sumatra. Primary data were obtained through interviews with relevant stakeholders, while secondary data were collected by studying documents and regulations related to EHV Overhead Line permitting. The results show that regulatory complexity and community resistance shape the legal dynamics that hinder the permitting process. Regulatory complexity manifests in regulatory disharmony, overlapping authority among agencies, and complicated procedures. Community resistance arises due to land acquisition problems, infrastructure damage, concerns about health impacts, and a lack of transparency. These legal dynamics slow EHV Overhead Line development and hinder the optimization of energy resource potential in South Sumatra. Therefore, regulatory reform and improving permitting governance that focuses on simplification, harmonization, transparency, and public participation are urgently needed to support sustainable power infrastructure development.
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.
Co-Authors ADI SAPUTRO Junaedi Junaedi Sami’an, S. Sarwono Hardjomuljadi Sebastian, Reza Rafly Yanuar, Riko