Jurnal Indonesia Sosial Teknologi
Vol. 5 No. 2 (2024): Jurnal Indonesia Sosial Teknologi

PENGGANTIAN KERUGIAN ATAS PEMBATALAN PEMENANG TENDER PEKERJAAN KONSTRUKSI

Permata, Bintang Puwan (Unknown)



Article Info

Publish Date
25 Feb 2024

Abstract

This article aims to determine the legal remedies available to the winner of a construction contract tender when its award is revoked through an invalid administrative court decision. This research is of a normative legal nature and involves a legislative approach and a case approach. The data sources used include primary legal materials related to the procurement of goods and services and principles of civil law, especially those related to compensation for wrongful acts and court decisions. Secondary legal sources were obtained from books and journal articles using a literature review data collection technique. The research findings indicate that a tender winner whose award has been revoked through an invalid administrative court decision can seek compensation by filing a lawsuit in a district court. The compensation obtained may include material compensation, which arises from actual losses suffered by the plaintiff, and immaterial compensation, which is calculated based on the expected profits that could have been obtained if there had been no wrongful act. In the judgment in case number 1/Pdt.G/2017/PN.Lbt, the judge determined that the defendant had committed a wrongful act but awarded the plaintiff only immaterial compensation.

Copyrights © 2024






Journal Info

Abbrev

jist

Publisher

Subject

Computer Science & IT Economics, Econometrics & Finance Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

Description

Jurnal Indonesia Sosial Teknologi is a peer-reviewed academic journal and open access to social (Education, Economic, Law, Comunication, Management and Humaniora) and Technology . The journal is published monthly once by CV. Publikasi Indonesia. Jurnal Indonesia Sosial Teknologi provides a means for ...