EMPIRICAL JURIDICAL REVIEW OF THE IMPLEMENTATION OF EPC CONTRACTS AT THE JBHSR PROJECT

Abstract

The Jakarta Bandung High Speed Railway Project (JBHSR) is a National Strategic project in accordance with Presidential Regulation No. 107 of 2015 dated October 6, 2015, concerning the Acceleration of High-Speed Railway Infrastructure and Facilities between Jakarta and Bandung. The JBHSR project has a track of 142.3 Km from Halim Station to Tegalluar Station which will be reached within 45 minutes. The JBHSR project is a project that uses the EPC/Turnkey Project (Silver Book) contract model. During the implementation of the Jakarta Bandung High Speed Railway Project, the Contractor submitted many claims to the Owner, both claims that have been stipulated in the contract and claims that have not been regulated in the contract. This occurs due to delays, change orders, many changes in the drawing, field conditions that are different from the drawing, requests from third parties to the Owner accommodated by the Owner, changes in Government regulations and others. Some of the notes contained in the Preface to the First Edition of the Silver Book of EPC/Turnkey Project Contracts (Silver Book) related to the provisions of when the contract for this EPC/Turnkey Project is not suitable for use are less noticed. This JBHSR project is large and very complex, it is better to have formed a DAB (DAB Standing) from the beginning, because the continuous involvement of DAB standing can help identify and resolve problems before they develop into larger disputes.