Garuda - Garba Rujukan Digital

The Principle of Legal Certainty in the Implementation of Projects Funded by the State Budget (APBN): Reformulating an Adaptive Contract Model and Digital Governance for Public Procurement in Indonesia Mochamad Ichsan; Sami'an Sami'an; Sarwono Hardjomuljadi
Interdisciplinary Social Studies Vol. 5 No. 1 (2025): Regular Issue: October-December 2025
Publisher : International Journal Labs

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55324/iss.v5i1.972

Implementation of government projects funded by the State Revenue and Expenditure Budget (APBN) still often faces legal uncertainty problems, particularly in the implementation of public construction contracts affected by price fluctuations, complex project risks, and suboptimal dispute resolution mechanisms. The principle of legal certainty—an essential foundation of public administration—has not been fully realized consistently in government goods and services procurement practices. This research uses a normative juridical method with a statutory and conceptual approach, aiming to formulate an adaptive contract model and a digital law governance framework relevant to the dynamics of state construction projects. The findings show the need to reformulate a more robust contract model that is responsive to changing conditions through the implementation of price adjustment clauses, proportional risk distribution, and the use of dispute boards as preventive dispute-resolution instruments. Moreover, the integration of digital systems such as SPSE (Electronic Procurement System), e-monitoring, and smart legal dashboards plays a significant role in strengthening data-based legal certainty and enhancing transparency in the procurement process. Based on these findings, the research recommends updating regulations and designing more adaptive construction contracts to support accountability, efficiency, and strengthen public trust in the implementation of national strategic projects.

Legal Protection for Contractors Against Unilateral Termination by the Employer under Construction Contracts Moh. Choiru Syahil; Samian Samian; Sarwono Hardjomuljadi
Interdisciplinary Social Studies Vol. 5 No. 1 (2025): Regular Issue: October-December 2025
Publisher : International Journal Labs

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55324/iss.v5i1.973

This study examines legal protection for service providers against unilateral contract termination by service users in the construction sector in Indonesia. This problem arises from the imbalance in the legal and economic positions between the parties, as well as weak legal regulations that provide room for broad interpretation for service users. This study uses a normative juridical method with a statutory, conceptual, case, and comparative legal approach. The analysis was conducted on the Civil Code (KUHPerdata), Law Number 2 of 2017 concerning Construction Services, and Presidential Regulation Number 16 of 2018, then compared with the legal systems of the European Union, China, and South Korea. The results of the study indicate that legal protection in Indonesia is still administrative and formalistic, not guaranteeing proportional contractual justice for service providers. Therefore, this study recommends a balanced contractual protection model, which emphasizes compensation obligations, the principle of good faith, and the establishment of an independent contract mediation institution as a solution towards a fair, transparent, and sustainable contractual legal system.

Comparative Analysis of the FIDIC Red Book Contract 2017 (Reprinted 2022) and the Indonesian National Construction Contract Wahyu Moerhadi Nugroho; Sami’an Sami’an; Sarwono Hardjomuljadi
Interdisciplinary Social Studies Vol. 5 No. 1 (2025): Regular Issue: October-December 2025
Publisher : International Journal Labs

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55324/iss.v5i1.974

The landscape of construction projects in Indonesia is becoming increasingly complex with the growing involvement of international funding and foreign contractors. The FIDIC Red Book 2017 has become the dominant global standard, while Indonesia operates under its own national construction law framework. This study aims to comparatively analyze the principles, mechanisms, and risk allocation in the FIDIC Red Book 2017 (Reprinted 2022) and the Indonesian national construction contract framework as reflected in the Construction Services Law and its derivative regulations. Using a normative literature study with a comparative law approach, the research identifies fundamental philosophical differences in risk management. FIDIC emphasizes fairness, balanced risk allocation, and structured procedural mechanisms (FIDIC, 2022; Soekotjo, 2019), whereas Indonesia’s national regulations tend to favor the Employer (government) with limited contractual flexibility (LKPP, 2021). The key findings lie in differences related to claim mechanisms, the role of the Engineer, and dispute resolution processes. This study contributes by providing a systematic comparative mapping useful for stakeholders—especially in hybrid international–national projects—and offers recommendations for harmonizing and improving contractual frameworks in Indonesian construction practice.

Retention in Construction Contracts: Legal Analysis and Implementation Practices in Indonesia Dina Silviana; Sarwono Hardjomuljadi; Sami’an Sami’an; Anik Kunantiyorini
Interdisciplinary Social Studies Vol. 5 No. 1 (2025): Regular Issue: October-December 2025
Publisher : International Journal Labs

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55324/iss.v5i1.984

Retention is a mechanism for withholding part of payments in construction contracts that is used to ensure the fulfillment of work maintenance obligations. In practice, retention often raises disputes, especially regarding late payments, detention without legitimate reasons, or unclear terms for release of retention. This study analyzes the legal position of retention, the legal basis that requires its payment, and the implications of default when retention is still withheld after the work is declared completed through the Final Hand Over (FHO). The research uses a literature study method on the Civil Code, the Construction Services Law, the FIDIC Red Book, procurement document standards, and contract law literature. The results of the study show that retention is a legal part of a contractual agreement that is subject to the principle of pacta sunt servanda based on Article 1338 of the Civil Code. Retention detention without a legal basis after the issuance of the FHO constitutes a default, which results in the obligation to pay retention along with compensation in accordance with Article 1243 of the Civil Code. The research concludes that the retention payment is an absolute obligation that must be fulfilled and its violation entitles the Contractor to demand performance and compensation.

The Principle of Good Faith and Construction Disputes: a Study on Dispute Boards and Digital Transformation Dharma Teguh Pribadi; Samian Samian; Sarwono Hardjomuljadi; Putra Amantha Hasibuan
Interdisciplinary Social Studies Vol. 5 No. 1 (2025): Regular Issue: October-December 2025
Publisher : International Journal Labs

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55324/iss.v5i1.991

This study examines the application of the principle of good faith in Indonesian construction contracts, highlighting the challenges it faces due to the technical complexity, high uncertainty, and financial risks inherent in construction projects. While the principle is affirmed in Article 1338 paragraph (3) of the Civil Code, its practical application remains unclear, often leading to disputes over delays, compensation claims, and unclear obligations. In modern construction contracts, particularly those based on international standards like FIDIC, good faith is emphasized as an operational principle, with dispute resolution mechanisms like Dispute Adjudication Boards supporting collaboration and early dispute resolution. However, empirical studies show that these boards are sometimes used for strategic delays and selective disclosures, highlighting the tension between theoretical principles and practical behavior. The study also explores how digitalization, through technologies like Building Information Modeling, audit logs, and blockchain, transforms project monitoring and verification, offering opportunities to redefine good faith as an objective, verifiable principle. This research aims to assess the role of good faith in construction contracts, dispute boards, and digitalization, providing insights into how digital tools can help objectify and enforce good faith in Indonesian construction practices.

Administrative Accountability of Officials for The Receipt of Goods Not In Accordance with The Contract Andi Yuliadi; Sami'an Sami'an; Sarwono Hardjomuljadi
Interdisciplinary Social Studies Vol. 5 No. 1 (2025): Regular Issue: October-December 2025
Publisher : International Journal Labs

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55324/iss.v5i1.1012

The receipt of goods that are not in accordance with the contract in government procurement is one of the main sources of state losses, contractual disputes, and legal uncertainty in the implementation of projects. Receiving officials, such as Commitment Making Officials (PPK), Work Results Recipients (PPHP), and technical teams, have inherent legal and administrative responsibilities in ensuring the suitability of specifications, quality, quantity, and delivery time of goods. This article discusses the form of administrative accountability when officials receive goods that are not in accordance with the contract, reviewed from the legal framework of government procurement, the principle of legal certainty, the principle of accountability, and the legal norms of state administration. Through a juridical-normative approach, this study examines the relationship between official authority, standard operating procedures (SOPs), the risk of administrative irregularities, and legal consequences such as administrative sanctions, compensation demands, and potential unlawful acts by the ruler (onrechtmatige overheidsdaad). The findings show that the receipt of goods not in accordance with the contract not only violates the provisions of the PBJ Presidential Regulation, but is also a failure to implement the principle of legal certainty and the principle of prudence, which can result in administrative accountability and even ASN discipline. This article recommends strengthening the technical verification mechanism, digital governance in the inspection of goods, and reformulation of SOPs for receipt of goods to prevent contract deviations.

Juridical Analysis of Abuse of Authority by Project Officials in the Perspective of Criminal Law Faal Murreyza D; Sami’an Sami’an; Sarwono Hardjomuljadi
Interdisciplinary Social Studies Vol. 5 No. 1 (2025): Regular Issue: October-December 2025
Publisher : International Journal Labs

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55324/iss.v5i1.1013

Abuse of authority by project officials in construction works constitutes one of the primary patterns of corruption in public funds management. In practice, numerous cases demonstrate that budget users, delegated budget users, and commitment-making officials bear responsibility not only for tender decisions but also for controlling contract implementation, quality supervision, contract amendments, and payment approvals—creating opportunities for irregularities that result in state financial losses. This study analyzes the juridical construction of abuse of authority by project officials (Penyalahgunaan Wewenang oleh Pejabat Proyek) from the perspective of criminal corruption law, particularly Article 3 of Law No. 31 of 1999 as amended by Law No. 20 of 2001, in relation to the administrative framework under Law No. 30 of 2014 on Government Administration. Employing a normative juridical method with statutory, conceptual, and case approaches, it focuses on the Hambalang National Sport Training Center, e-KTP, and Banggai Laut Stadium projects. Findings reveal that (1) such abuse qualifies as corruption when involving deviation from authority's purpose, mens rea for undue benefit, and proven state losses; (2) boundaries between administrative misconduct and criminal corruption lack clear parameters; and (3) enforcement remains reactive, neglecting systemic governance improvements. Recommendations include clearer guidelines distinguishing errors from abuse, stronger oversight, and reforms to prevent corruption while protecting good-faith officials.

Legal Analysis of Compensation for Building Failure Endry Zhulham Pratama; Sami'an Sami'an; Sarwono Hardjomuljadi; Dwi Edi Wibowo
Interdisciplinary Social Studies Vol. 5 No. 1 (2025): Regular Issue: October-December 2025
Publisher : International Journal Labs

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55324/iss.v5i1.1020

Building failure is a multidimensional problem in the construction sector that includes aspects of agreements, technical performance, and civil consequences. This study examines legal arrangements related to building failures in Indonesia, reads the pattern of accountability in a number of Supreme Court decisions, and contrasts it with international practice. The research was conducted through the search for regulations, court decisions, and academic literature as the basis for normative analysis. The findings show that the absence of uniform technical investigation procedures, weak project documentation, and differences in expert approaches also trigger differences in verdicts. As a new contribution, this study introduces the Building Failure Integrated Analysis Model (MAT-KB) which combines contract analysis, tort principles, forensic evaluation, and economic considerations to strengthen the accuracy and consistency of dispute resolution. This model is considered to be able to provide a more comprehensive evaluation framework for construction law practice in Indonesia.

Strengthening The Role and Legal Protection of Commitment Making Officials in Government Goods/Services Procurement Yana Astuti; Samian Samian; Sarwono Hardjomuljadi
Interdisciplinary Social Studies Vol. 5 No. 1 (2025): Regular Issue: October-December 2025
Publisher : International Journal Labs

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55324/iss.v5i1.1021

Commitment Making Officials (PPK) play a crucial role in the entire cycle of Government Procurement of Goods/Services (PBJP) in Indonesia, starting from planning, contract binding, to handing over work results. This strategic position, which is always related to decision-making with implications for state budget spending, makes the PPK very vulnerable to legal risks, both in the form of contract disputes, maladministration, and alleged corruption. This research aims to analyze the authority and responsibilities of the PPK in the PBJP and formulate a strategy for optimizing governance and legal protection for the PPK to prevent irregularities and minimize potential state losses. The research method used is normative juridical with a legislative approach and a conceptual approach. The results of the study show that optimizing the role of PPK requires: strengthening managerial and legal competence; structuring of work mechanisms that are more accountable and transparent; and the formation of a professional support team (legal, technical, and financial) as an instrument to mitigate legal and financial risks for the PPK in the implementation of the PBJP contract.

Title

Found 9 Documents
Search

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Title Search

Found 9 Documents Search

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Title

Found 9 Documents
Search