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International Journal of Educational Review, Law And Social Sciences (IJERLAS)
Published by Sekolah Tinggi Agama Islam Idrisiyyah
ISSN : -     EISSN : 2808487X     DOI : https://doi.org/10.54443/ijerlas
Core Subject : Religion, Humanities, Science, Education, Social,
Religion Humanities Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Social Sciences Other
This journal accepts articles on results of the research in fields of Education, Cross Culture, Law, Environmental Empowerment which are the latest issues from the results of activities or practical implementations that are problem solving, comprehensive, meaningful, latest and sustainable findings with clear goals and visionary in various activities that have innovation and creativity. So that they do not just replicate the same activities in different places but must have to measurable results and impacts for society and support the achievement of the goals set in modern human development.
Arjuna Subject : Ilmu Sosial - Ilmu Sosial (Lain-Lain)
Articles 971 Documents
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Shifting Concept of Balance of Administrative Responsibility Between Users and Construction Service Providers Ritonga, Nurliana; Eddy, Triono; Medaline, Onny
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 6 No. 2 (2026)
Publisher : CV. RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.19954147

Abstract

The principle of equality, as stipulated in Article 2 of Law Number 2 of 2017 concerning Construction Services, requires a balanced position between construction service users and service providers in fulfilling rights, obligations, and risk allocation. However, in practice, this principle often remains normative and is not fully implemented in construction contracts in Indonesia. This study aims to analyze the shifting concept of administrative responsibility between service users and construction service providers, as well as its implications for legal certainty and justice in construction projects. This research employs a normative juridical method with statutory and conceptual approaches, examining relevant laws, regulations, and construction contract practices. The findings reveal that administrative responsibility in construction contracts tends to be asymmetric, with service providers bearing disproportionate risks and sanctions compared to service users. This imbalance is reflected in mechanisms such as fines, variation order authority, force majeure procedures, unilateral contract termination, licensing burdens, and the application of administrative sanctions. These conditions increase financial and administrative risks for service providers, weaken the integrity of administrative law, and create potential disputes in the construction sector. Therefore, strengthening the principle of balanced administrative responsibility is essential to ensure justice, legal certainty, and sustainable development in the national construction industry.

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