INTEGRASI PRINSIP KONTRAK FIDIC DALAM MENGANTISIPASI KONFLIK RUANG BEBAS PROYEK TRANSMISI PLN

Abstract

The development of High Voltage Electricity Transmission infrastructure is a national strategic project essential to Indonesia’s economic growth and equitable development. However, its implementation often faces social challenges, such as landowners rejecting compensation for land and crops beneath transmission lines. The SUTT 150 kV Tanjung Selor–Tidang Pale project illustrates how such disputes can delay construction and trigger cost claims by contractors. This study employs a normative juridical method using statutory, doctrinal, and case study approaches. Findings indicate that while contractual freedom allows parties to define their rights and obligations, it must be supported by fair compensation mechanisms and clear social risk management. Integrating FIDIC contract principles particularly in risk allocation, dispute resolution, and delay claims is essential to prevent dispute on contract. The proposed solution comprises two main approaches: first, the formulation of a more structured and proactive strategy for securing right-of-way access during the project planning phase; and second, the revision of contractual clauses by incorporating specific provisions from the FIDIC standard contracts. The adoption of FIDIC as a reference aims to ensure fair risk allocation, strengthen dispute resolution mechanisms, and clarify the rights and obligations of the contracting parties. This approach is expected to foster legal certainty, reduce the potential for disputes, and maintain a balanced relationship between the employer and the contractor in electricity infrastructure construction projects.