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International Journal of Law, Policy and Governance
Published by Asosiasi Dosen Peneliti Ilmu Ekonomi dan Bisnis Indonesia
ISSN : -     EISSN : 28303245     DOI : https://doi.org/10.54099/ijlpg.
Core Subject : Economy, Science, Agriculture, Art, Social,
Agriculture, Biological Sciences & Forestry Arts Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Library & Information Science Social Sciences
International Journal of Law, Policy and Governance is a peer-reviewed journal published by Adpebi. The journal publishes original papers at the forefront of Law, international law, corporate law, public policy and governance issues. The journal is free access and download. Including to area of Accounting, Banking, Banking and Financial Institution, Behavioral Economics, Development Economics, International Economics, Entrepreneurship, Monetary Economics, Public Finance, Bussiness Management, Economics, Entrepreneurship, Finance, Human Resources Management, and Islamic business. This open accessed Journal publishes original research and review papers. Social Science : Anthropology, Sociology, Social Work, Social Welfare, Economics, Political Science, Psychology, Development Studies, Population Studies, Corporate Governance, Cross-Cultural Studies, Women Studies, Religious Studies, , Linguistics, Education, Ethics and Politics of Social Sciences, Islamic Studies etc.
Arjuna Subject : Bisnis, Menejemen, dan Akutansi (semua kategori) - Bisnis, Menejemen, dan Akutansi (Lain-Lain)
Articles 12 Documents
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Search results for , issue "Vol. 4 No. 1 (2025)" : 12 Documents clear
Claim For Extension of Time and Additional Work Reviewed From the Aspect Construction Law and Contract Elfriandi, Elfriandi; Sami’an, Sami’an; Hardjomuljadi, Sarwono
International Journal of Law Policy and Governance Vol. 4 No. 1 (2025)
Publisher : Asosiasi Dosen Peneliti Ilmu Ekonomi dan Bisnis Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54099/ijlpg.v4i1.1228

Abstract

The purpose of this research is to determine that during the implementation period of the construction work of the Sintang 3 x 7MW coal-fired power plant from start to finish, several disputes related to legal and contractual aspects have occurred between the Contractor and the Owner throughout the implementation of the Sintang 3 x 7 MW Project from 2011 to 2014. Method This research is conducted using a normative-empirical approach, which is an approach that combines elements from both methods. Specifically, normative legal research is a process of discovering legal rules, legal principles, or legal doctrines to address the legal issues at hand. Empirical legal research is legal research that uses data obtained directly from its source.Claim results, The contractor is entitled to their rights based on legal aspects and the work of contract for the extension of time, namely; (1) delay in the start of work and site allocation; (2) delay due to the approval of the turbine generator vendor; (3) delay due to justification for changing the foundation type; (4) delay in the approval of the pump equipment vendor; (5) delay due to extreme heavy rain occurring every day. Meanwhile, for claims related to additional work (variation order), there is only one claim, which is the change in foundation type from swallow pile foundation to bored pile foundation, resulting in changes in unit price and quantity of the foundation. Therefore, it can be concluded that construction work is a job that involves many risks from a technical aspect, namely design, execution, and maintenance, which ultimately has the potential to lead to claims from the Contractor to the Owner.
The Cost Claims due to Extension of Time on Construction Contracts (Case Study: Power Plant Project) Roni Febrianto; Sami'an; Sarwono Hardjomuljadi
International Journal of Law Policy and Governance Vol. 4 No. 1 (2025)
Publisher : Asosiasi Dosen Peneliti Ilmu Ekonomi dan Bisnis Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54099/ijlpg.v4i1.1230

Abstract

Delays in the execution of construction contracts are common occurrences and are generally understood to be the contractor's responsibility. In practice, however, delays in construction contracts can also be caused by factors beyond the contractor's control or responsibility, leading to an extended duration for project completion. Delays that are not attributable to the contractor grant the contractor the right to a time extension. Such extensions of time often trigger cost claims resulting from delays in work execution that are not the contractor's fault, as the contractor incurs additional costs due to the extended of project completion. This paper discusses the primary causes extension of time and the mechanisms for resolving cost claims arising from these extensions based on legal principles, including pacta sunt servanda, the principle of fairness, and the risk theory in contracts. The research employs a qualitative approach involving contract document analysis, case studies, and literature reviews. The findings indicate that excusable and compensable delays provide a legitimate basis for contractors to propose cost claims, while non-excusable delays may result in penalties for the contractor. This paper offers practical and theoretical recommendations for more effectively managing cost claims due to extension of time and highlights the importance of risk allocation in construction contracts.

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