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All Journal Pena Justisia: Media Komunikasi dan Kajian Hukum
Emirzon, Jhoni
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Law, Crime, Criminology & Criminal Justice

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Construction Contract Design Based on the Principle of Balance as an Effort to Prevent Disputes Antoni, Muhammad; Emirzon, Jhoni; Syaifuddin, Muhammad; Rizal, Ahmad
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 1 (2025): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v24i1.6475

Abstract

Law Number 2 of 2017 on Construction Services is an important foundation in regulating construction contracts in Indonesia, aiming to create a balance of rights and obligations between service providers and service users. The purpose of this study is to examine how the concept of equilibrium can help reduce conflicts in construction projects, which are frequently caused by unequal negotiating power and flaws in contracts. The research method used is normative juridical with the approach of legislation, legal doctrine, and construction contract analysis. The findings indicate that the use of the balance principle in construction agreements can lead to a fair allocation of responsibilities and privileges for both parties, preventing any form of unfair advantage and minimizing the chances of legal conflicts. Thus, the principle of balance is not only a legal principle, but also a preventive tool in the implementation of equitable construction contracts.
Co-Authors ahmad rizal Antoni, Muhammad Muhammad Syaifuddin