Interdisciplinary Social Studies
Vol. 5 No. 1 (2025): Regular Issue: October-December 2025

The Principle of Good Faith and Construction Disputes: a Study on Dispute Boards and Digital Transformation

Dharma Teguh Pribadi (Universitas Pekalongan)
Samian Samian (Universitas Pekalongan)
Sarwono Hardjomuljadi (Universitas Pekalongan)
Putra Amantha Hasibuan (Universitas Pekalongan)



Article Info

Publish Date
22 Dec 2025

Abstract

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.

Copyrights © 2025






Journal Info

Abbrev

iss

Publisher

Subject

Environmental Science Languange, Linguistic, Communication & Media Public Health Social Sciences

Description

nterdisciplinary Social Studies (ISS) is an interdisciplinary publication of social studies and writing which publishes papers to international audiences of social researchers. ISS aims to provide a forum for scholarly understanding of social studies and plays an important role in promoting the ...