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All Journal Ajudikasi : Jurnal Ilmu Hukum Interdisciplinary Social Studies Jurnal Impresi Indonesia Journal of Social Research
Sarwono Hardjomuljadi
Universitas Pekalongan
Religion Humanities Computer Science & IT Economics, Econometrics & Finance Education Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Public Health Social Sciences

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The Role of Uncitral in Standardizing International Project Contracts and Its Implementation in Indonesia Egit Bobyarta; Sarwono Hardjomuljadi; Sami'an Sami'an; Anik Kunantiyorini
Journal of Social Research Vol. 5 No. 2 (2026): Journal of Social Research
Publisher : International Journal Labs

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55324/josr.v5i2.3022

Abstract

The globalization of cross-border construction projects increases the need for legal certainty and uniformity in the arrangement of international construction contracts. Differences in national legal systems, the complexity of long-term projects, and the dynamics of technical and economic risks often lead to contractual imbalances and potential disputes. In this context, UNCITRAL plays an important role through the development of soft law international legal instruments, especially the UNCITRAL Legal Guide on Drawing Up International Contracts for the Construction of Industrial Works, which provides a principled normative framework for the design of international construction contracts. This study aims to analyze the role of UNCITRAL in the standardization of international construction contracts and examine the implementation of these principles in construction contract practices in Indonesia, taking into account the development of national contract standards regulated in the Regulation of the Government Goods/Services Procurement Policy Institute Number 4 of 2024 and the Regulation of the Minister of Public Works and Public Housing Number 25 of 2020. The research method used is normative legal research with a legislative, conceptual, and analytical approach to UNCITRAL instruments and relevant national regulations. The results show that UNCITRAL functions as a normative framework that emphasizes procedural clarity, proportionate risk allocation, contract adaptation to changing circumstances, and a tiered dispute resolution mechanism.
Tinjauan Yuridis Aspek Hukum Pidana dalam Pengadaan Barang/Jasa Pemerintah Untuk Menjamin Akuntabilitas dan Transparansi Pengelolaan Keuangan Negara Boby Ali Azhari; Samian Samian; Sarwono Hardjomuljadi
Jurnal Impresi Indonesia Vol. 5 No. 1 (2026): Jurnal Impresi Indonesia
Publisher : Riviera Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58344/jii.v5i1.7440

Abstract

Public procurement in Indonesia plays a pivotal role in supporting national development. However, this sector remains susceptible to abuse of authority and corrupt practices that result in significant state financial losses. This research aims to analyze the application of criminal law and other relevant legal aspects in addressing irregularities within the procurement of goods and services. The methodology employed is normative legal research, utilizing a normative-juridical approach to examine prevailing laws and regulations. Furthermore, this study examines criminal elements that are prone to occur throughout various stages of public procurement, which currently utilizes an electronic procurement system as a solution to enhance transparency and efficiency. The research findings indicate that although electronic procurement systems improve accountability and transparency, challenges regarding infrastructure and human resource capacity remain primary obstacles to implementation. Criminal law aspects represent the most vulnerable legal dimension in public procurement; nevertheless, other legal aspects, such as administrative and civil law, cannot be disregarded. Ideally, the principle of ultimum remedium should be applied in circumstances where administrative or civil errors occur in the absence of malicious intent (mens rea). This study concludes that concerted efforts are required to strengthen the existing legal system, enhance the integrity of procurement officials, and involve the public in oversight processes. Through these measures, public procurement can operate more efficiently, remain free from corruption, and provide maximum benefits for national development.
Penerapan Asas Itikad Baik dalam Menjamin Profesionalitas Konsultan Desain pada Kontrak Konstruksi Design & Build di Indonesia Petra Firman Pakpahan; Sami’an Sami’an; Sarwono Hardjomuljadi; Agung Aditya
Jurnal Impresi Indonesia Vol. 5 No. 1 (2026): Jurnal Impresi Indonesia
Publisher : Riviera Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58344/jii.v5i1.7441

Abstract

The Design & Build (DB) procurement model reshapes the legal structure of construction contracts by consolidating the responsibility for both design and construction under a single entity, the DB contractor. Within this structure, design consultants operate under the contractor’s authority and have no direct contractual relationship with the owner, creating potential conflicts of interest that may compromise professional independence. This normative legal research examines how the principle of good faith and the statutory principle of professionalism can be employed to interpret and regulate the obligations of DB contractors and their design consultants, particularly in ensuring the integrity and reliability of design outcomes. Using a statute-based and conceptual approach, this study analyses the Indonesian Civil Code, Law No. 2 of 2017 on Construction Services, and doctrinal writings on contract law and construction law, alongside academic literature on DB performance. The findings reveal that good faith functions as an interpretive, supplementary, and corrective principle in contractual relationships, and can therefore serve as a normative foundation to prevent undue interference by contractors in design decisions. Furthermore, the principle of professionalism requires design consultants to uphold technical standards and ethical responsibilities, even when positioned hierarchically under the contractor. The study concludes that the integration of good faith and professionalism offers an effective normative mechanism to strengthen accountability in DB projects, protect the owner’s interests, and fill the contractual gap arising from the absence of privity between the owner and the design consultant.
Penyelesaian Sengketa Kontrak Konstruksi Internasional Melalui Arbitrase ICSID Sudarsono Sudarsono; Sarwono Hardjomuljadi; Sami’an Sami’an; Anik Kunantiyorini
Jurnal Impresi Indonesia Vol. 5 No. 1 (2026): Jurnal Impresi Indonesia
Publisher : Riviera Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58344/jii.v5i1.7442

Abstract

This study aims to examine the settlement of investment disputes between the government and foreign investors through the ICSID institution and the mechanism for implementing its decisions in Indonesia. The research method used is normative legal research with a regulatory approach and a conceptual approach. ICSID (International Centre for Settlement of Investment Disputes) is based on an international agreement that establishes an autonomous and independent system for the settlement of foreign investment disputes. The ICSID's performance does not serve as a mediator that reconciles the parties; rather, it provides an institutional and procedural framework for independent conciliation commissions and arbitration tribunals set up specifically for each dispute case. In this case, ICSID only provides dispute resolution facilities based on two sets of procedural rules, namely the provisions of the ICSID Convention along with the ICSID Regulations/Rules, as well as the ICSID Additional Facilities Rules. Furthermore, the implementation of ICSID institutional decisions in Indonesia refers to Law No. 30 of 1999 which stipulates that the authority to recognize and implement international arbitral awards lies with the Central Jakarta District Court, with a procedure that must be preceded by an application from the party concerned.
Perbandingan Asas Kebebasan Berkontrak Antara Kontrak Pemerintah dan Kontrak Swasta Sandra Suryani; Sami’an Sami’an; Sarwono Hardjomuljadi
Jurnal Impresi Indonesia Vol. 5 No. 1 (2026): Jurnal Impresi Indonesia
Publisher : Riviera Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58344/jii.v5i1.7459

Abstract

The principle of freedom of contract is a fundamental principle in contract law which gives parties the authority to determine whether they will make an agreement, with whom the agreement is made, as well as the content and form of the agreement. This principle is rooted in the idea of ??autonomy of will which places contracts as the result of free agreement between the parties. However, in practice, the principle of freedom of contract is not applied uniformly to all types of contracts. Differences in the character of the parties, the purpose of the contract, and the interests protected by law cause variations in restrictions on freedom of contract, especially between government contracts and private contracts. Government contracts, even though they are in the form of agreements, cannot be separated from the state's function as organizer of public interests, so that freedom of contract in them experiences stricter restrictions. On the other hand, private contracts provide a wider space for freedom, although in practice they still face limitations due to the unequal bargaining positions of the parties. This research aims to analyze the concept of the principle of freedom of contract and compare its application in government contracts and private contracts in order to assess the relevance and legitimacy of this principle in modern contractual practice.
Corporate Accountability for Contractor Deviations in Construction Payment Claims: Legal, Ethical, and Governance Perspectives Arief Koeswanto; Prastiwo Anggoro; Sarwono Hardjomuljadi; Ediyanto Arief; Sami’an; Achmad Soeharto
Ajudikasi: Jurnal Ilmu Hukum Vol. 10 No. 1 (2026): Ajudikasi : Jurnal Ilmu Hukum
Publisher : Universitas Serang Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30656/ajudikasi.v10i1.11874

Abstract

The Indonesian construction industry is central to national infrastructure and economic development, yet construction projects remain vulnerable to contractual, ethical, and governance risks. This article examines corporate accountability for contractor payment-claim deviations in an Indonesian construction project, focusing on the interaction between contract law, professional ethics, Good Corporate Governance, and ISO 9001:2015-based quality management. The study adopts a normative juridical approach combined with a qualitative single-case analysis of a chemical plant construction project in East Java that used a modified FIDIC contract. Primary materials comprise contract clauses, invoice and Interim Payment Certificate records, supporting claim documents, project correspondence, and professional observations, while secondary materials include Indonesian construction-law regulations, FIDIC-related literature, and scholarship on fraud prevention and construction claims. The case indicates that payment-claim deviations were associated with premature or inadequately supported claims, inconsistencies between claimed and verified work progress, and weaknesses in documentation and verification controls. The analysis shows that payment claims operate as legal-contractual events and governance-control events, requiring clear entitlement, reliable evidence, engineer verification, and an auditable approval trail. Fraud-risk concepts are used to interpret how opportunity, rationalization, capability, and organizational ethical orientation may normalize irregular claims. The study argues that accountability should be strengthened through clearer claim documentation, risk-based internal controls, ethical leadership, DAAB institutionalization, simplified EoT/VO procedures, and safeguards against contractual power asymmetry.
Co-Authors Achmad Soeharto Agung Aditya Andi Yuliadi Anik Kunantiyorini Arief Koeswanto Boby Ali Azhari Bona Ary Napitupulu Dharma Teguh Pribadi Dina Silviana Dwi Edi Wibowo Ediyanto Arief Egit Bobyarta Endry Zhulham Pratama Faal Murreyza D Ganis Vitayanti Noor ian, sami Mochamad Ichsan Moh. Choiru Syahil Petra Firman Pakpahan Prastiwo Anggoro Putra Amantha Hasibuan Sami'an Sami'an Samian Samian Sami’an Sandra Suryani Sudarsono Sudarsono Wahyu Moerhadi Nugroho Yana Astuti