ANALISIS KONFLIK HUKUM DALAM PROYEK KONSTRUKSI DI INDONESIA: STUDI TENTANG PENYELESAIAN SENGKETA, DASAR HUKUM, DAN EVALUASI IMPLEMENTASI

Abstract

Legal conflicts in construction projects in Indonesia often occur due to the complexity of the work, differences in contract interpretation, and breach of agreement. This study aims to analyze the main causes of conflict, relevant legal bases, and evaluate the advantages and disadvantages of dispute resolution mechanisms. This study uses a qualitative descriptive approach with regulatory document analysis, case studies, and in-depth interviews with legal and construction practitioners. The results of the study indicate that construction conflicts are often triggered by changes in the scope of work, delays in project completion, and non-conformity of technical specifications. The main legal bases for dispute resolution include Law Number 2 of 2017 concerning Construction Services, FIDIC contract regulations, and alternative dispute resolution (ADR) mechanisms such as mediation and arbitration. Evaluation of legal implementation reveals that ADR offers a faster and more flexible process than litigation, but often faces obstacles in implementing arbitration decisions. On the other hand, litigation provides legal certainty, but takes longer and costs more. This study recommends improving the understanding of contract law for parties in construction projects, as well as strengthening regulations that support the effective implementation of ADR. This study provides important insights to reduce conflicts in construction projects and improve the effectiveness of dispute resolution in Indonesia.