PERSYARATAN KHUSUS DALAM KONTRAK KONSTRUKSI : PENERAPAN PADA KONTRAK PROYEK KETENAGALISTRIKAN

Abstract

Construction projects are a vital sector in the development of a region. In order to define the rights and responsibilities of each party, a contract agreement serves as the medium used to reach an understanding throughout the contract period. All activities in the field of construction services in Indonesia are regulated by Law Number 18 of 1999 concerning Construction Services.Projects in Indonesia often use FIDIC contracts as the standard for construction contracts, which have proven effective in terms of quality, integrity, and sustainability. The documents that form the contract must complement each other, and for the purposes of interpretation, the FIDIC contract outlines the order of priority among project documents.There are two types of conditions in a contract: general conditions or standard provisions that apply to all FIDIC contracts, and particular conditions or additional provisions or amendments specifically made for a certain project. According to the introduction of the 2007 FIDIC Harmonized Edition, there are many benefits to having standard contract conditions, one of which is a greater potential to avoid undesirable disputes in court or arbitration.In the application of general and particular conditions in power generation projects, it is shown that even though the hierarchy of the contract gives higher priority to particular conditions over general conditions, the general provisions are indeed more comprehensive in governing contract execution. In the event of a dispute resolution, the relevant clause can be found in the section titled Settlement of Disputes, which provides a framework for resolving project conflicts through mediation and arbitration