PERAN KONTRAK STANDAR DALAM MENDEFINISIKAN KEWAJIBAN CACAT: PELAJARAN DARI STUDI KASUS GLOBAL DAN PENERAPANNYA DALAM BISNIS KONSTRUKSI INDONESIA

Abstract

This study examines the role of standard contracts, such as FIDIC, GCC, and JBCC, in defining defect liabilities and compares them with Indonesia's construction regulations. Using a comparative legal analysis approach, this research identifies significant differences in managing defect liabilities. FIDIC emphasizes flexibility in the Defects Liability Period (DLP) and structured dispute resolution, while GCC and JBCC highlight risk distribution and proactive inspections. In Indonesia, the absence of specific guidelines for defect management often leads to disputes and inefficiencies. Case studies from Ghana, Malaysia, and Spain reveal the importance of longer DLP (18–24 months) and structured inspections for managing construction defects effectively. Findings suggest that adopting best practices from international contracts could improve defect liability management in Indonesia. Recommendations include integrating structured DLP, regular inspections, and clear dispute resolution mechanisms into Indonesia’s regulatory framework. This study highlights the need for comprehensive reforms to enhance transparency, efficiency, and trust among stakeholders in the construction sector.