ARBITRASE SEBAGAI SOLUSI PENYELESAIAN SENGKETA PERBEDAAN PENAFSIRAN PERJANJIAN KONTRAK KONSTRUKSI

Abstract

This article discusses the construction dispute between PT. PLN (Persero) and the Consortium of PT. Energi Prima regarding the development project of the Kalimantan Steam Power Plant (PLTU) with a capacity of 2 x 5 MW, whose contract agreement became effective upon signing on December 17, 2013. The dispute arose due to differences in interpreting the contract provisions, especially related to claims for execution cost compensation, extension of work completion time, extension of bank guarantees, as well as responsibility for Erection All Risk and overhead risks resulting from the project's extended duration. PT. Energi Prima proposed a contract amendment to extend the execution period and additional cost compensation, claiming that obstacles beyond the contractor's control affected the project delays. However, PT. PLN did not approve these claims, creating an impasse (dispute). In an effort to resolve the disagreement, both parties agreed to use the arbitration mechanism as stipulated in the contract, which is carried out through the Indonesian National Arbitration Board (BANI). This study analyzes the legal issues arising in this construction dispute, including the dispute resolution mechanism through arbitration, as well as the legal implications of contract interpretation and risk allocation in construction projects. The results of this study are expected to provide practical insights for all parties involved in construction contracts and for policymakers in the field of construction law.