Indonesia Construction Service Law Relating to MRT Development Contracts: A Legal Review with Fidic International Contract
DOI:
https://doi.org/10.6000/1929-4409.2020.09.192Keywords:
Contract MRT, FIDIC, Indonesia construction service Law.Abstract
This research was very important because of incomplete regulations related to Late Payment Arrangements and Variation Procedure Arrangements which are regulated in the Construction Services Law because this was very necessary considering the complexity of problems that occur in the construction world in Indonesia. The amendments to the Implementing Regulations also needed to be improved as regulated in Article 51 of Presidential Regulation N0. 54 of 2010 concerning lump sum contracts, there were no price adjustments and additional work, because in fact any construction work for price adjustment and additional work almost always occurred and almost impossible to avoid. So that these regulations could not be applied in the field and could hinder the implementation of construction project work in Indonesia. It was because most of the construction projects in Indonesia required cooperation with foreign investors.
References
Asshidiqie, Jimly, 2018. Constitution of Social Justice, Kompas, Jakarta.
Adriansyah Billy, Danurdara Kantya Pratita, Hidayat Arif, (2016), Comparison of the Conformity of Rights and Obligations of National Contracts and International Contracts against Fidic Standards in Construction Projects, Jurnal Karya Teknik Sipil, Volume 5, No. 2 Hal. 253 – 261, Retrieved from https://media.neliti.com/media/publications/105518-ID-perbandingan-kesesuaian-hak-dan-kewajiba.pdf
Barkatullah, Abdul Halim. 2008. Consumer Protection Law. Bandung: Nusa Media,
Cst Kansil, 2009. Dictionary of Legal terms, Gramedia Pustaka, Jakarta,
Dahlan, Abdul Aziz 1997. Encyclopedia of Islamic Law, Jakarta Ikhtiar Baru Van Hoeve.
Ervianto. Ulfram 2005. Construction Project Management. Andi offset, Yogyakarta
John Rawls, 2011. A Theory of Justice, Yogyakarta
J. J H. Briggink 1996. Reflections on Law, PT. Citra Adytia Bakti, Bandun
Jimly Asshiddiqie, 2011. The idea of the Indonesian rule of law, the National legal agency, Majalah hukum nasional,
Kantaprawira, Rusadi 1988. The Indonesian Political System An Introductory Model. Sinar Baru, Bandung.
Mertokusumo, Sudikno Understanding the Law, Liberty, Yogyakarta.
Mariam Daus Badrulzaman, KUHP Book III of Bond Law with Explanations, Alumni Bandung
Manulang, Fernando M, 2007, Law in Certainty, Prakarsa, Bandung,
Nurul Listanto, Sarwono Hardjomuljadi.2019.” Analysis of Factors Causing Late Payment of Contractors to Contractors in Multi-storey Building Projects”
Riduan Syahrani, 1999. Summary of the essence of legal science, Citra Aditya, Bandung,
Simpson. Laurence P. 1995. A contract is an agreement between two persons consisting of promises which the law will enforce, or the performance of a wihc the law in some way recognizes as a duty”. Simpson, Launrence P. Contract, 2nd edition, West Publishing Co, St. Paul Minnesotta,
Subekti,2008. Legal agreement, Intermasa. Jakarta.
Salim H.S., S.H., 2011. Contract Law Theory and Contract Formulation Techniques, Sinar Grafika Offset, Jakarta.
Suherman, SH, LLM, Development of Pacta Sunt Servanda Principles in Long-Term Contracts, Google scholar, http://repository.upnvj.ac.id/61831/1/b20.pdf
Salim H.S, 2005. Development of Innominaate Contract Law in Indonesia, Sinar Grafika, Jakarta,
Sudikno Mertokusumo, 2007, Understanding the Law, An Introduction, Liberty, Yogyakarta,
Soemantri, Sri,1992. Indonesian Constitutional Law Compilation. Bandung: Alumni
Tata Wijayanta, 2014. The principles of legal certainty, justice and benefit in relation to the bankruptcy decision of the commercial court, Jurnal Dinamika Hukum, Vol. 12, FH Unsoed, Purwokerto.
Winardi, 1989. Introduction to Systems Theory and Systems Analysis. Mandar Maju, Bandung.
Widiyawati, Cicik, 2020, Jurnal Education and Development Vol. 8 No. 1, Comparison of Construction Work Contract Arrangements Based on FIDIC General Conditions of Contract For Work in Civil Engineering Construction with the Construction Services Law Regarding Responsibility for Quality Defects, Retrieved From http://journal.ipts.ac.id/index.php/ED/article/view/1509/687.
Downloads
Published
How to Cite
Issue
Section
License
This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License.
Policy for Journals/Articles with Open Access
Authors who publish with this journal agree to the following terms:
- Authors retain copyright and grant the journal right of first publication with the work simultaneously licensed under a Creative Commons Attribution License that allows others to share the work with an acknowledgement of the work's authorship and initial publication in this journal.
- Authors are permitted and encouraged to post links to their work online (e.g., in institutional repositories or on their website) prior to and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work
Policy for Journals / Manuscript with Paid Access
Authors who publish with this journal agree to the following terms:
- Publisher retain copyright .
- Authors are permitted and encouraged to post links to their work online (e.g., in institutional repositories or on their website) prior to and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work .