Article Per Year (5 Year)
p-Index From 2021 - 2026
0.23
P-Index
This Author published in this journals
All Journal Greenation International Journal of Law and Social Sciences
Ndaomanu, Dian Nustanti
Unknown Affiliation
Law, Crime, Criminology & Criminal Justice Social Sciences

Published : 1 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 1 Documents
Search

 1 
Freedom of Contract Versus Public Regulatory Control in Government Construction Contracts: A Legal Analysis Under Law No. 2 Of 2017 on Construction Services Ndaomanu, Melkianus; Ndaomanu, Frengky; Ndaomanu, Dian Nustanti
Greenation International Journal of Law and Social Sciences Vol. 4 No. 1 (2026): Vol. 4 No. 1 (2025): (GIJLSS) Greenation International Journal of Law and Socia
Publisher : Greenation Research & Yayasan Global Resarch National

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/gijlss.v4i1.777

Abstract

The principle of freedom of contract is a fundamental doctrine in private law that grants parties autonomy to determine agreements. In Indonesian civil law, this principle is reflected in Article 1338 of the Civil Code, which affirms that legally concluded agreements bind the parties. However, its application is more complex in government construction contracts because they involve public resources and public policy. This study analyzes the application and limitations of contractual freedom in government construction agreements under Law No. 2 of 2017 on Construction Services. This research uses a normative juridical approach to examine statutory regulations, legal doctrines, and scholarly perspectives. The findings show that contractual autonomy operates as regulated autonomy rather than absolute freedom. Procurement regulations, administrative authority, technical standards, and public accountability mechanisms significantly influence the structure and implementation of construction agreements. These regulatory constraints produce several legal consequences, including limited negotiability of contractual clauses, potential invalidity of provisions exceeding administrative authority, and stronger requirements for regulatory compliance in determining contractual validity. The study further indicates that these limitations require a more structured approach to drafting government construction contracts, emphasizing standardized clauses, transparent procurement procedures, and clear risk allocation. Strengthening the balance between contractual flexibility and regulatory oversight is therefore essential to improve legal certainty, accountability, and efficiency in public infrastructure development.
Co-Authors Frengky Ndaomanu Ndaomanu, Melkianus