FIDIC PARTICULAR CONDITIONS IN INDONESIAN ELECTRICITY INFRASTRUCTURE PROJECTS : STUDY REVIEW WITH FIDIC’S GOLDEN PRINCIPLES

Abstract

This study discusses the implementation of FIDIC Special Conditions in electricity infrastructure projects in Indonesia, focusing on FIDIC's golden principles issued in 2019. This study uses a qualitative approach with a case study method, covering electricity infrastructure projects using FIDIC contracts. The analysis was carried out thematically based on the narrative and related contract documents. This study found that the use of FIDIC contract standards in Indonesia is influenced by the recommendations of international lenders, FIDIC's reputation as a fair and balanced contract, and its international recognition. However, there are frequent breaches of the basic principles of FIDIC due to excessive adjustments to the Special Conditions by employers, resulting in an imbalance of risk and reward. To address this issue, FIDIC published golden principles emphasizing the importance of clarity, ambiguity, and balance in the design of Special Conditions. It is important for all parties to the contract to understand and apply these principles in order to minimize disputes and improve project efficiency. A clear, structured, and nationally adaptive implementation of Special Conditions clauses in FIDIC contracts can help reduce the risk of disputes in electricity infrastructure projects in Indonesia. This approach provides legal certainty and creates a more transparent and efficient construction work environment, supporting professional, fair, and consistent dispute resolution with the Indonesian legal system