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All Journal SIGn Jurnal Hukum SIGn Journal of Social Science
Wiraantaka, Jaka Adiprasetya
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Law, Crime, Criminology & Criminal Justice Social Sciences

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Penerapan Asas-Asas Hukum dalam Perjanjian Jasa Konstruksi: Suatu Kajian Normatif Wiraantaka, Jaka Adiprasetya; 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.v6i2.401

Abstract

Construction service contracts, as crucial legal instruments in infrastructure development, require a strong foundation of civil law principles. This research aims to normatively examine the application of civil law principles in construction service contracts, integrating the perspectives of the Civil Code and Law Number 2 of 2017. This normative legal research employs statute, conceptual, and philosophical approaches, as well as teleological and sociological analyses. The research findings indicate that formal principles, such as freedom of contract, consensualism, good faith, privity, and fair competition, form the foundation for the validity of contracts. Meanwhile, substantive principles, such as pacta sunt servanda, reasonableness, custom, balance, equality, partnership, and deliberation to reach a consensus (musyawarah mufakat), determine the substance of a fair and sustainable contract. However, teleological and sociological analyses reveal complex dynamics in their application. Unequal bargaining power, standard clauses, discrimination, and short-term orientations hinder the optimal realization of these principles. Therefore, synergy among stakeholders is needed to increase legal awareness, strengthen regulations, enforce business ethics, and revitalize local wisdom values so that legal objectives can contribute to achieving state goals.
Dialectics of the Business Judgment Rule and General Principles of Good Administration in Land Acquisition and Permitting for Electricity Sector Infrastructure Wiraantaka, Jaka Adiprasetya; Qadri, Qadri; Aprisaputra, Ronny; Widiatmoko, Ndaru Seto; Noor, Ganis Vitayanty
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.v6i2.588

Abstract

This study examines the legal issues arising from the State Administrative Court’s overlapping jurisdiction over actions by Electricity SOE Directors that possess hybrid characteristics as both private and public entities. The core issue lies in the legal uncertainty surrounding the boundaries of the administrative court’s absolute competence in determining the business discretion of Directors in national strategic projects. Such actions are frequently drawn into the realm of administrative disputes through the expansion of the meaning of the State Administrative Decision. This study aims to analyze the legal standing of SOE Directors, dissect the dialectics between the BJR doctrine and the General Principles of Good Administration in land acquisition and permitting, and formulate norm reconstruction through internal procedural standardization. The research method employed is normative legal research, using the statute and conceptual approaches through prescriptive analysis of nine primary legal instruments and twenty-eight secondary legal materials. The results indicate that integrating BJR into the General Principles of Good Administration is imperative to protect managerial discretion from excessive judicial intervention. A crucial finding in this study emphasizes that the identification of the source of power, whether contractual or regulatory, is the key to determining the qualification of a decision as a private legal act to activate the exception in Article 2 point a of Law Number 9 of 2004. The implications of this study recommend standardizing SOE internal procedures in line with Supreme Court Circular Number 2 of 2019. This is essential to ensure that disputes arising from a breach of contract by the authority remain within the exclusive competence of the civil court. This effort is undertaken to achieve legal certainty in accelerating national energy infrastructure.
Co-Authors Aprisaputra, Ronny Noor, Ganis Vitayanty Qadri Qadri, Qadri Sami’an, S. Sarwono Hardjomuljadi Widiatmoko, Ndaru Seto