Journal of Law, Poliitic and Humanities
Vol. 6 No. 4 (2026): (JLPH) Journal of Law, Politic and Humanities

The Implementation Of Fidic Standards And The Effectiveness Of Arbitration In Resolving Engineering, Procurement, And Construction (EPC) Contract Disputes In Indonesia: An Analysis Of The Dispute Between The Consortium Of PT Waskita Karya (Persero) Tbk-PT Jakarta Prima Cranes And PT Suprabari Mapanindo Mineral

Saibun Kasmadi Sirait (Christian University of Indonesia)
Diana Ria Winanti Napitupulu (Christian University of Indonesia)
Andrew Betlehn (Christian University of Indonesia)



Article Info

Publish Date
22 Jun 2026

Abstract

This study aims to analyze the provisions of the FIDIC Standard in Engineering, Procurement and Construction (EPC) integrated construction contracts in the dispute between the Consortium of PT Waskita Karya (Persero) Tbk–PT Jakarta Prima Cranes and PT Suprabari Mapanindo Mineral, as well as to examine the effectiveness of arbitration as a dispute resolution mechanism for FIDIC-based construction disputes in Indonesia. This research employs an empirical legal method using statutory, conceptual, and case approaches. Data were collected through library research and document analysis related to the dispute and were analyzed qualitatively. The findings indicate that the FIDIC Standard in EPC contracts provides comprehensive provisions concerning risk allocation, claims procedures, variations, dispute resolution mechanisms, and the rights and obligations of the parties. However, its implementation in practice still encounters challenges regarding harmonization with national law, as there is no explicit regulation governing the legal status of FIDIC within the Indonesian legal system. The study further reveals that arbitration is a relatively effective dispute resolution mechanism due to its confidentiality, procedural flexibility, expertise of arbitrators, and the final and binding nature of arbitral awards. Nevertheless, its effectiveness is constrained by high costs, the complexity of technical evidence, and potential obstacles in enforcing arbitral awards. Therefore, clearer harmonization between FIDIC standards and Indonesian law is necessary to enhance legal certainty, justice, and the effectiveness of dispute resolution in integrated construction projects in Indonesia.

Copyrights © 2026






Journal Info

Abbrev

JLPH

Publisher

Subject

Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

Description

Journal of Law, Poliitic and Humanities is a research journal in Law, Humanities and Politics published since 2020 by the Dinasti Research. This journal aims to disseminate research results to academics, practitioners, students, and other parties who are interested in the fields of Law, Humanities ...