https://proceeding.unikal.ac.id/index.php/adr Magister of Construction Law Faculty of Law Universitas Pekalongan en-US International Conference on Construction Law and Infrastructure Governance (ICCLIG) https://proceeding.unikal.ac.id/index.php/adr/article/view/3249 This paper analyzes the application of force majeure clauses in FIDIC standard contracts in the context of post-pandemic construction projects implemented by PLN. The COVID-19 pandemic has caused major disruptions in the development of electricity infrastructure, including delays in transmission, substation, and power plant projects that generally use FIDIC-based contracts. This study aims to evaluate whether the force majeure provisions in FIDIC are sufficient to ensure legal protection, project stability, and contractual efficiency for PLN projects after global disruptions. Using normative juridical methods and qualitative analysis, this study examines FIDIC contract clauses, Indonesian laws and regulations, and PLN's internal regulations. The results show that the force majeure provisions in FIDIC require adjustment through specific conditions that are more specific to pandemic risks, especially in strategic and state-funded electricity projects. This study concludes that the formulation of special clauses tailored to Indonesian law and PLN's operational practices is essential to prevent disputes and maintain the sustainability of national electricity infrastructure development. Fajar Sungkara Sarwono Hardjomuljadi Copyright (c) 2 01 1 10 https://proceeding.unikal.ac.id/index.php/adr/article/view/3250 The FIDIC contract has become a reference in many international construction projects, including in Indonesia. However, in practice, adjustments to national law and local project conditions through Particular Conditions are necessary to align with domestic legal frameworks and project needs. For large-scale construction projects such as the Tanjung Selor 2×7 MW power plant, a clear, fair, and adaptable contract framework is essential. In this project, the standard FIDIC contract was modified through Particular Conditions to conform with the national legal system, especially in relation to dispute resolution, contractor responsibilities, and the implementation of local content requirements (TKDN), in accordance with national regulations such as Law No. 2 of 2017 on Construction Services. Before contract execution, a bidding opinion serves as a preliminary legal review of the tender documents and contract. This study analyzes the extent to which the Particular Conditions of the FIDIC contract influence the substance and effectiveness of the bidding opinion from both juridical and practical perspectives. The research method used is normative juridical with a case study approach. The analysis reveals that the bidding opinion plays a crucial role in identifying contractual risks from the outset, but its effectiveness heavily depends on the clarity of the Particular Conditions and the consistency of their application in practice. Since Particular Conditions are often a source of legal uncertainty in bidding opinions, standardized formats and improved coordination among procurement units are needed. From a practical standpoint, Particular Conditions can help mitigate potential disputes and expedite decision-making processes on the ground. Although Particular Conditions offer better legal protection and flexibility in implementation, interpretive gaps still exist that could lead to conflict if not precisely and thoroughly formulated. Therefore, drafting Particular Conditions should involve contract law experts and take comprehensive account of local project conditions. Ronald Lapasau Copyright (c) 2025 2025-12-10 2025-12-10 2 01 11 26 https://proceeding.unikal.ac.id/index.php/adr/article/view/3251 This study examines the transition from an Ad Hoc Dispute Board (DB) to a Standing Dispute Board in the contract clauses of the Asahan 3 Hydroelectric Project (2x87 MW) in Sumatra, Indonesia. The project, governed by FIDIC Multilateral Development Bank (MDB) 2010 standards, initially adopted an Ad Hoc DB. Initially governed by an Ad Hoc DB, the project faced 25 contractor claims within 20 months, reflecting systemic risks in dispute resolution mechanisms under Indonesia’s construction contract management framework. Driven by JICA’s 2012 Dispute Board Manual, which prioritizes proactive dispute prevention, Employer’s (PLN) amended the contract to adopt a Standing DB. This shift aligns with FIDIC’s post-2010 provisions that mandate Standing DBs for long-term infrastructure projects to mitigate arbitration risks (reduced from 14.05% to 0.53%) and ensure contractual compliance. The amendment required budgetary reallocations (IDR 14.43 billion excluding VAT), procedural revisions to Clause 20.2, and adherence to construction law principles such as risk allocation and stakeholder accountability. The case underscores the legal and operational necessity of integrating Standing DBs into infrastructure projects to enhance transparency, enforce dispute resolution efficiency, and align with global construction contract standards. Bayu Wisatrioda Copyright (c) 2025 2025-12-12 2025-12-12 2 01 27 40 https://proceeding.unikal.ac.id/index.php/adr/article/view/3253 This study examines the role and implications of Particular Conditions (PCs) in FIDIC contracts across diverse legal jurisdictions. FIDIC contracts, developed by the International Federation of Consulting Engineers, are widely adopted in international construction projects for their standardized approach and balanced risk allocation. However, the inherent diversity of legal systems, cultural norms, and project-specific requirements necessitates the modification of these standard forms through Particular Conditions. By analyzing global case studies, legal interpretations, and scholarly research, this journal highlights how PCs are employed to tailor FIDIC contracts to unique project contexts. The paper discusses the balance between standardization and customization, the legal and practical challenges posed by differing legal systems, and provides recommendations for drafting effective PCs that maintain legal enforceability and project efficiency. iar Fajar Akbar Sumantri Copyright (c) 2025 2025-12-10 2025-12-10 2 01 41 46 https://proceeding.unikal.ac.id/index.php/adr/article/view/3255 This article examines the importance of drafting clear and precise Particular Conditions in FIDIC contracts to avoid disputes and enhance the efficiency of construction projects. The study identifies common issues arising from poorly drafted Particular Conditions, such as ambiguities, imbalanced risk allocation, and non-compliance with local laws. Through a literature review method, this research analyzes case examples of disputes caused by improper contract modifications and highlights best practices in drafting Particular Conditions, including clarity in language, alignment with local legal frameworks, equitable risk allocation, and effective dispute resolution mechanisms. The findings emphasize the need for careful customization of FIDIC contracts to prevent misunderstandings and ensure smooth project execution. The article concludes that well-drafted Particular Conditions can significantly reduce disputes and improve project outcomes, offering practical recommendations for future contract drafting. Qadri, Copyright (c) 2025 2025-12-10 2025-12-10 2 01 47 54 https://proceeding.unikal.ac.id/index.php/adr/article/view/3256 The FIDIC contract framework, developed by the International Federation of Consulting Engineers, serves as a globally recognized standard for construction project agreements. While its general conditions provide a balanced foundation for risk allocation, the effectiveness of these contracts heavily depends on how particular conditions are adapted to specific project requirements. This paper analyzes how strategic customization of particular conditions can serve as a preventive mechanism against contractual disputes while optimizing project execution. Through careful modification of contract clauses to address unique project risks, maintaining precise language in amendments, and incorporating structured conflict resolution protocols, project stakeholders can significantly enhance contractual clarity and operational efficiency. The study demonstrates that when particular conditions are properly aligned with project characteristics and supplemented with proactive dispute management features, they contribute to smoother project implementation, reduced litigation costs, and improved overall project outcomes. These findings emphasize the importance of thoughtful contract engineering in complex construction projects. Aditya Kusran Copyright (c) 2025 2025-12-10 2025-12-10 2 01 55 60 https://proceeding.unikal.ac.id/index.php/adr/article/view/3258 The global construction industry, including Indonesia, faces persistent challenges of contract disputes, leading to delays and cost overruns. The Fédération Internationale des Ingénieurs-Conseils (FIDIC) contract is widely adopted to mitigate such risks. This paper analyzes the strategic role of Particular Conditions of Contract in the FIDIC standard as a preventive tool to reduce disputes and improve project efficiency. Using a literature review of case studies and relevant FIDIC clauses, the study finds that well-formulated Particular Conditions—tailored to project-specific and local legal contexts—play a key role in dispute avoidance. Critical aspects include clear risk allocation, precise scope definitions, fair contract adjustment procedures, and phased dispute resolution mechanisms like Dispute Adjudication/Avoidance Boards (DAABs). These components, when embedded effectively in the Particular Conditions, help identify potential conflicts early and manage them constructively. Consequently, projects benefit from enhanced schedule reliability, better resource optimization, and overall efficiency. The paper recommends prioritizing the development of transparent and context-sensitive Particular Conditions as part of a proactive contract management and risk mitigation strategy in FIDIC-based construction projects. Deby Hospital Copyright (c) 2025 2025-12-10 2025-12-10 2 01 61 67 https://proceeding.unikal.ac.id/index.php/adr/article/view/3259 The proper application of Particular Conditions (PC) in FIDIC contracts is essential to avoid disputes and enhance the efficiency of construction projects. While FIDIC provides a flexible framework to accommodate diverse project environments, this flexibility is often misused—resulting in ambiguity, unbalanced risk allocation, and legal conflict. This paper explores the most common pitfalls in drafting Particular Conditions and presents practical best practices for tailoring them effectively. Drawing on both doctrinal analysis and empirical findings, the study shows that well-crafted PCs—those that are clear, consistent with General Conditions, and legally aligned—can significantly reduce contractual disputes and improve coordination among project stakeholders. Furthermore, including proactive mechanisms such as Dispute Adjudication Boards and context-specific risk clauses leads to better communication and faster decision-making. The analysis concludes that when Particular Conditions are strategically developed, they function not just as legal clauses but as performance tools that enhance project outcomes. This insight is particularly relevant for international projects operating in legally complex or high-risk jurisdictions Angga Dwian Prakoso Copyright (c) 2025 2025-12-10 2025-12-10 2 01 68 79 https://proceeding.unikal.ac.id/index.php/adr/article/view/3260 Construction projects are inherently complex undertakings characterized by multifaceted contractual relationships and significant financial stakes. Frequently, contracts or agreements lack sufficiently clear mechanisms for dispute resolution, resulting in parties staunchly defending their respective positions when disagreements arise. Contractors may promptly submit claims for issues such as disruptions, lack of site access, and delayed payments. While contractors are entitled to notify claims, such notifications can escalate into full disputes, particularly when financial impacts are considerable. To mitigate these conflicts, the establishment of a Dispute Board serves as an effective alternative resolution method. This paper discusses the necessity of early Dispute Board formation, contractual frameworks for Dispute Boards, and recommendations for implementing a Standing Dispute Board through contract amendments. The discourse also highlights practical examples and elaborates on cost-benefit considerations. Haryo Wisnuaji Copyright (c) 2025 2025-12-10 2025-12-10 2 01 80 84 https://proceeding.unikal.ac.id/index.php/adr/article/view/3261 Substation construction projects are a vital component in the development of power infrastructure. The complexity of the work, involvement of multiple parties, and extended project durations often lead to potential contractual disputes between employers and contractors. The FIDIC (Fédération Internationale des Ingénieurs-Conseils) contract clauses are widely adopted in strategic projects as an international standard for contract management. This study aims to evaluate the types of disputes arising in substation construction projects under FIDIC-based contracts and to analyze the effectiveness of dispute resolution mechanisms outlined in the relevant clauses. A qualitative research method was used, employing a case study approach on several substation projects in Indonesia. Data were collected through document analysis, interviews with construction practitioners, and legal analysis of relevant FIDIC provisions. The findings indicate that common disputes include project delays, differing interpretations of technical specifications, and payment claims. FIDIC clauses, particularly those related to dispute resolution (Sub-Clause 20), are considered effective in providing a resolution framework, although practical implementation still requires adjustment to national laws and institutional capacities. This study offers strategic recommendations for mitigating contractual risks and improving FIDIC-based contract governance in the power sector. Erik Winada Sarwono Hardjomuljadi Copyright (c) 2025 2025-12-10 2025-12-10 2 01 85 95 https://proceeding.unikal.ac.id/index.php/adr/article/view/3263 The use of FIDIC contracts in construction projects in Indonesia requires adaptation through Particular Conditions to align with the national legal system and local conditions. Particular Conditions serve as an important instrument to accommodate regulations such as Law No. 2 of 2017 on Construction Services, the Civil Code (KUH Perdata), and the Arbitration Law, while also adjusting contractual provisions to the specific needs of each project. From a juridical perspective, the drafting of Particular Conditions must consider the principle of freedom of contract, balance of rights and obligations between parties, and must not conflict with public order and applicable laws. From a managerial standpoint, Particular Conditions play a role in improving project efficiency by providing clarity regarding risk allocation, payment mechanisms, reporting, quality control, and dispute resolution. This helps prevent potential conflicts between the project owner and contractor and supports faster and more accurate coordination and decision-making. This study uses a normative approach, analyzing legislation, reviewing literature, and conducting case studies to address the research questions concerning the implementation of Particular Conditions in FIDIC contracts in Indonesia and their role in minimizing disputes and improving project efficiency. The results show that Particular Conditions are not merely supplementary documents but strategic tools for integrating legal, technical, and managerial aspects to ensure the smooth execution and success of construction projects. Lutfi Mustakim Copyright (c) 2025 2025-12-10 2025-12-10 2 01 96 109 https://proceeding.unikal.ac.id/index.php/adr/article/view/3264 Electricity is very important in the era of modernization, as it not only serves as an energy source that meets the needs of many people but also supports economic growth in a region. Therefore, its management is regulated based on Article 33 of the Indonesian Constitution and applicable regulations. As technology advances, the demand for electricity supply is also increasing rapidly. To support this, PLN (Persero) as a state-owned electricity company in Indonesia opens up collaboration opportunities with private enterprises as electricity producers commonly referred to as Independent Power Producers. (IPP). The role of the IPP here is as a seller of electricity to PT. PLN Persero through the Power Purchase Agreement (PJBTL). The collaboration between PLN and the Private Business Entity is aimed at developing small-scale Renewable Energy Power Plant (EBT) projects under 10 MW, particularly Mini-Hydro Power Plants. (PLTM). In conducting the electricity sale and purchase process between both parties through the Power Purchase Agreement (PPA), several disputes were found. This research aims to identify the disputes occurring in the PJBTL PLTM Paraeng in West Java and to understand the efforts made to resolve these disputes based on the applicable rules/regulations. Eric Baroroh Sarwono Hardjomuljadi Copyright (c) 2025 2025-12-10 2025-12-10 2 01 110 120 https://proceeding.unikal.ac.id/index.php/adr/article/view/3265 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 Singgar Mataniari Wibowo Sarwono Hardjomuljadi Copyright (c) 2025 2025-12-10 2025-12-10 2 01 121 128 https://proceeding.unikal.ac.id/index.php/adr/article/view/3269 The 500 kV SUTET transmission project in Sumatra is part of the efficiency program for electricity infrastructure development. However, changes in transmission lines that occur in its implementation often lead to disputes between related parties. FIDIC as an international contract standard has an important role in preventing such disputes. This study aims to see how FIDIC provisions are applied in this project and to what extent they play a role in preventing disputes. The study results show that although FIDIC has clear mechanisms such as Variation Orders, the implementation still faces obstacles such as late reporting of changes and lack of understanding of contract law. Capacity building and communication systems are needed for FIDIC to be applied more effectively. Wesleyzon Sitompul Sarwono Hardjomuljadi Copyright (c) 2025 2025-12-10 2025-12-10 2 01 129 137 https://proceeding.unikal.ac.id/index.php/adr/article/view/3270 Construction contracts based on unit price systems often face challenges when actual work volumes deviate from initial estimates. This study explores the application of specific FIDIC Red Book conditions to mitigate disputes arising from changes in work volume, using the case study of the SUTT 150 kV Maloy-Kobexindo project. The findings highlight the importance of clear contract provisions, particularly those related to variation orders and unbalanced unit prices, in preventing disputes and improving project efficiency. The study also recommends implementing effective dispute resolution mechanisms, such as renegotiation or mediation, to address unexpected changes and ensure that both contractors and clients maintain a fair and transparent working relationship. By emphasizing the value of FIDIC Red Book's flexible contract conditions, this research underscores the critical role these provisions play in improving overall project performance. Ifdal Baharuddin Copyright (c) 2025 2025-12-10 2025-12-10 2 01 138 146 https://proceeding.unikal.ac.id/index.php/adr/article/view/3271 Electricity infrastructure construction projects in Indonesia are strategic and highly complex, often involving multi-sector stakeholders. During implementation, disputes frequently arise due to unclear contractual terms. FIDIC (Fédération Internationale des Ingénieurs-Conseils) offers international contractual provisions that help prevent disputes and improve project efficiency through adaptable Particular Conditions tailored to local contexts. This study examines the application of FIDIC Particular Conditions as a tool for dispute prevention and improved efficiency in electricity infrastructure projects in Indonesia. Using a qualitative case study approach focused on transmission and substation projects by PT PLN (Persero), the findings show that clearly defined responsibilities, integration with local regulations, and structured dispute resolution mechanisms contribute significantly to project success. David Mangara Pasaribu Sarwono Hardjomuljadi Copyright (c) 2025 2025-12-10 2025-12-10 2 01 147 156 https://proceeding.unikal.ac.id/index.php/adr/article/view/3272 This paper examines the implementation of Red FIDIC Conditions of Contract in the context of green construction within Indonesia's New Capital (IKN) project. Given the ambitious scale and environmental aspirations of the project, applying internationally recognized contract standards like FIDIC can provide clarity and help mitigate disputes. The study discusses the legal and practical framework of FIDIC, its relevance to sustainable construction, and how its adoption could align with Indonesia's legal system and environmental goals. A qualitative methodology is employed, using doctrinal legal research and case studies. Findings suggest that tailored application of FIDIC clauses, particularly those addressing dispute resolution and environmental compliance, is essential for reducing project risks and enhancing stakeholder collaboration. The findings of this study emphasize that implementing the Red FIDIC Conditions of Contract in the IKN green construction project can significantly reduce legal ambiguities and enhance stakeholder coordination. Yuwono Imanto Sarwono Hardjomuljadi Copyright (c) 2025 2025-12-10 2025-12-10 2 01 157 165 https://proceeding.unikal.ac.id/index.php/adr/article/view/3273 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. Agung Aprianto Copyright (c) 2025 2025-12-10 2025-12-10 2 01 166 173 https://proceeding.unikal.ac.id/index.php/adr/article/view/3274 Disputes in electricity infrastructure construction projects in Indonesia, particularly those managed by PT PLN (Persero), often result in losses of time, costs, and environmental risks. This research discusses the importance of particular conditions in FIDIC-based contracts to prevent disputes and enhance project efficiency, particularly in terms of development equity and environmental sustainability. Through a literature study of regulations, contractual practices, and analysis related to electrical infrastructure development, it was found that the regulation of particular conditions that are adaptive to the local context and environment will significantly impact the reduction of disputes and support sustainable development.The implications of this regulation are important in PT PLN (Persero)'s efforts to implement national strategic projects effectively and fairly. Reza Rafly Sebastian Copyright (c) 2025 2025-12-10 2025-12-10 2 01 174 185 https://proceeding.unikal.ac.id/index.php/adr/article/view/3275 Construction contracts often suffer from ambiguities and misaligned risk allocation, resulting in frequent disputes and project delays. FIDIC contracts, as internationally recognized standard forms, offer flexibility through particular conditions that allow for project-specific customizations. This study aims to explore the legal engineering of FIDIC particular conditions to foster agile project delivery while minimizing potential disputes. A normative legal research method is used, analysing comparative case studies and selected clauses in the 1999 and 2017 FIDIC Red Book editions. Findings indicate that strategic drafting of key clauses, such as those governing time extension, variations, dispute adjudication boards, and risk allocation, can significantly reduce contractual ambiguity and foster a more adaptive project environment. The study concludes that a systematic, legally-sound approach to tailoring particular conditions is essential to aligning legal clarity with construction efficiency. Recommendations include integrating dispute-avoidance principles early in the contract phase and involving legal professionals during the drafting process to ensure robust risk management and contractual agility. John Haris P Girsang Sami’an Sarwono Hardjomuljadi Copyright (c) 2025 2025-12-10 2025-12-10 2 01 186 192 https://proceeding.unikal.ac.id/index.php/adr/article/view/3276 Investment in sovereign projects is one of the government’s key instruments in driving economic growth in the public sector. These sovereign projects often encounter issues due to a poorly defined scope provided in the contract document. Contractors found potential for ambiguous interpretation of clauses in general, particular conditions, specifications, technical drawings, and BOQ. In the contract implementation, several repetitive demands for variation orders and contract amendments were made due to the discrepancies in the site conditions. Disputes over strategic and high-value projects involving foreign entities and claims of millions of dollars may end up in the Singapore court, particularly those involving claims of millions of dollars. The relevant ministries need to build a database of lessons learned from various sectors to improve future project initiatives. A lesson learned is a source of knowledge about what works for the improvement of future contract documents. Anor Sihombing Sami’an Sarwono Hardjomuljadi Copyright (c) 2025 2025-12-10 2025-12-10 2 01 193 200 https://proceeding.unikal.ac.id/index.php/adr/article/view/3278 Pekerjaan konstruksi di Indonesia sering dihadapkan pada berbagai permasalahan yang dapat memicu sengketa, seperti ketidakjelasan kontrak, alokasi risiko yang tidak adil, dan perubahan ruang lingkup proyek. Untuk mengatasi tantangan ini, kontrak standar internasional seperti FIDIC (Fédération Internationale des Ingénieurs-Conseils) menawarkan solusi efektif. FIDIC memberikan kerangka kerja yang dapat disesuaikan melalui bagian Particular Conditions, yang memungkinkan penyesuaian dengan kondisi lokal dan kebutuhan spesifik proyek. Namun, penerapan kontrak FIDIC di Indonesia sering kali mengalami modifikasi yang tidak sesuai dengan prinsip dasar FIDIC, yang bertujuan untuk menguntungkan salah satu pihak. Modifikasi semacam ini menyebabkan ketidakseimbangan dalam pembagian tanggung jawab dan risiko, yang berpotensi meningkatkan sengketa. Oleh karena itu, penting untuk menyusun Particular Conditions yang efektif dan adil, dengan mempertimbangkan beberapa aspek penting seperti hierarki dokumen, tugas dan weweanang enjinir, penentuan lingkup dan spesifikasi teknis yang jelas, jaminan dan asuransi, prosedur penyelesaian sengketa dan force majeure. Keterlibatan semua pihak dalam penyusunan kontrak juga sangat diperlukan untuk mencapai keseimbangan dan menghindari potensi konflik. Penerapan kontrak FIDIC yang baik melalui penyusunan Particular Conditions yang tepat diharapkan dapat meningkatkan efisiensi dan transparansi proyek konstruksi di Indonesia. Hal ini juga akan memperbaiki hubungan profesional antara penyedia jasa dan pengguna jasa, serta memastikan keberhasilan proyek dalam jangka panjang. Dengan adopsi kontrak FIDIC yang benar, pelatihan bagi pihak terkait, dan penggunaan teknologi manajemen kontrak, diharapkan sengketa dalam proyek konstruksi dapat diminimalkan, menciptakan lingkungan konstruksi yang harmonis dan sukses. AGUS ISWAHYUDI Copyright (c) 2025 2025-12-10 2025-12-10 2 01 201 211 https://proceeding.unikal.ac.id/index.php/adr/article/view/3279 Work safety in construction projects in Indonesia remains a critical issue that requires serious attention. The high number of work-related accidents in this sector indicates that legal protection for workers is still not optimal. This study aims to analyze the optimization of legal protection for workers in terms of occupational safety in construction projects in Indonesia. The research method used is a normative juridical approach by analyzing relevant regulations, such as Law No. 13 of 2003 on Manpower and Government Regulation No. 50 of 2012 on Occupational Health and Safety Management Systems (SMK3). The results indicate that although regulations are in place, implementation in the field still faces various challenges, such as lack of supervision, low awareness among workers and employers, and ineffective sanctions. Therefore, optimizing legal protection can be achieved through strengthening regulations, enhancing supervision, and providing education and training for workers and companies. These measures are expected to improve occupational safety in construction projects and minimize accident risks. Eko Suliyanto Sami’an Copyright (c) 2025-12-10 2025-12-10 2 01 212 226 https://proceeding.unikal.ac.id/index.php/adr/article/view/3281 This research examines the implementation of work contracts in construction projects in Indonesia by delving into both technical and legal aspects in a balanced manner. Through a descriptive qualitative approach and case studies on three government building projects in Central Java during the 2022-2023 period, it was found that the effectiveness of construction work contracts is influenced by the clarity of clause formulation, management team competence, and communication between parties. The main problems in contract implementation stem from differences in document interpretation and inability to anticipate field changes, resulting in completion delays and cost overruns of up to 15-25% from the initial value. Human resource capacity development in understanding contractual aspects and the application of information technology-based monitoring systems have proven to contribute significantly in minimizing dispute potential. The research results recommend standardization of clauses governing changes in work scope, payment mechanisms, and dispute resolution procedures by considering the risk balance between users and construction service providers. This research provides a foundation for developing adaptive contract models that are responsive to the dynamics of national infrastructure development. EVAL DIANSYAH Copyright (c) 2025 2025-12-10 2025-12-10 2 01 227 239 https://proceeding.unikal.ac.id/index.php/adr/article/view/3282 A contract is an agreement document that serves as a guideline for the parties who enter into a contract. One example of a contract agreement used by PT. PLN (Persero) in providing electricity infrastructure is the construction contract for the Main Substation and Transmission. In the implementation of the construction of the Main Substation and Transmission, PT. PLN (Persero) establishes regulations that are used as standards in the process of making construction contracts, although in making the company's internal regulations, PLN continues to refer to government regulations related to the procurement of goods and services, construction service laws and other regulations that can be used as references. In other conditions, the international world has long known the FIDIC document which is a contract regulation that has been used in many countries. FIDIC has also been widely adapted in government project contracts in Indonesia, including PLN. The purpose of this paper is to analyze the standard contract documents used by PLN in the construction work of the Main Substation and Transmission from the perspective of the FIDIC contract standard. From the results of the analysis conducted on the PLN contract standard with the FIDIC standard version of the Pink Book MDB Harmonised Edition in 2008, it was concluded that the contract standard used by PLN in the construction contract for Substations and Transmissions has generally adapted several standards in FIDIC, although there are slight adjustments. One of the differences found in the FIDIC clause with the PLN contract document standard is in the section on contract termination provisions by the provider, where the FIDIC contract standard is considered to prioritize the principle of equal rights compared to the contract standard used by PLN. Ndaru Seto Widiatmoko Copyright (c) 2025 2025-12-10 2025-12-10 2 01 240 247 https://proceeding.unikal.ac.id/index.php/adr/article/view/3283 Construction works is highly complex. In its implementation, it often leads to disputes between the Owner and the Contractor. One of the causes of such disputes is the occurrence of unforeseen conditions during project execution. Even with a thoroughly planned project, unforeseen conditions cannot be entirely avoided. This becomes even more critical in fixed lump sum price contracts, where the contract price is fixed and the Contractor must bear the risks related to costs and quality. The purpose of this study is to explore unforeseen condition cases more deeply. This research uses a literature review method. The results of this study are expected to contribute insights related to dispute resolution arising from unforeseen conditions in fixed lump sum price contracts. Prasetyo Efendy Copyright (c) 2025 2025-12-10 2025-12-10 2 01 248 258 https://proceeding.unikal.ac.id/index.php/adr/article/view/3284 Disputes or disputes are perceptions of differences in the level of interest or trust between two or more parties that have not been reached simultaneously. Republic of Indonesia Law No. 2 of 2017 regulates the stages of resolving construction disputes as a strong legal basis for institutions in Indonesia to resolve existing disputes. During the construction of power plants within PT PLN (Persero), there were many disputes or disagreements between PLN and the implementing contractors. The use of the FIDIC Red Book international contract standard in electricity transmission projects in di PT.PLN (Persero) is becoming increasingly relevant, especially in projects with a design by employer scheme. This study aims to analyze the role of FIDIC in the construction dispute resolution mechanism and its compliance with national regulations. Through a normative legal approach, it is concluded that the dispute resolution structure in the FIDIC Red Book—through the stages of Engineer, Dispute Adjudication Board (DAB), and arbitration—can be adopted in the Indonesian legal system, with adjustments through institutions such as LPJK and BANI. The success of the implementation is highly dependent on contractual clauses that guarantee the independence of the dispute arbitrator and compliance with the Construction Services Law and the National Arbitration Law. Ronny Aprisaputra Copyright (c) 2025 2025-12-10 2025-12-10 2 01 259 269 https://proceeding.unikal.ac.id/index.php/adr/article/view/3285 Kontrak konstruksi internasional yang mengadopsi standar Federation Internationale des Ingenieurs-Conseils (FIDIC) telah banyak diterapkan dalam proyek-proyek lintas negara karena menawarkan struktur yang sistematis dan fleksibel. Namun demikian, penggunaan General Conditions of Contract (GCC) secara murni kerap kali tidak memadai dalam menghadapi kompleksitas hukum, sosial, dan teknis di berbagai yurisdiksi lokal. Oleh karena itu, penyusunan Particular Conditions (PCs) menjadi sangat penting sebagai instrumen adaptif yang memungkinkan penyesuaian substansi kontrak terhadap konteks nasional tanpa menghilangkan esensi ketentuan standar FIDIC. Tulisan ini bertujuan untuk mengkaji secara kritis bagaimana PCs dapat dirancang secara tepat guna meminimalkan potensi sengketa serta meningkatkan efisiensi dalam pelaksanaan proyek konstruksi. Melalui pendekatan normatif dan analisis studi literatur, penulis menyoroti peran strategis PCs dalam membangun keselarasan antara persyaratan kontraktual internasional dan peraturan perundang-undangan nasional. Selain itu, dibahas pula beberapa studi kasus proyek yang menunjukkan dampak signifikan dari penerapan PCs terhadap penyelesaian sengketa dan performa proyek. Hasil kajian menunjukkan bahwa PCs yang disusun dengan memperhatikan aspek yuridis dan teknis lokal mampu menjadi jembatan antara praktik global dan kebutuhan domestik. Dengan demikian, penguatan kapasitas perancang kontrak dan pemahaman terhadap perangkat hukum nasional menjadi syarat utama dalam mewujudkan kontrak FIDIC yang lebih adaptif, efisien, dan minim konflik. Purnaning Siwi Kusumastuti Copyright (c) 2025 2025-12-10 2025-12-10 2 01 270 277 https://proceeding.unikal.ac.id/index.php/adr/article/view/3286 Segala aktivitas dalam industri konstruksi haruslah didasari oleh perjanjian yang telah disepakati yang dalam hal ini berbentuk suatu kontrak konstruksi. Seluruh pihak-pihak yang terlibat, yaitu pemilik, perencana/arsitek, kontraktor, pemasok, dalam seluruh rangkaian proyek harus bertindak secara profesional dan penuh tanggung jawab. Kontrak dalam industri konstruksi tidak hanya mengatur para pihak yang terlibat, tetapi juga melindunginya dari resiko-resiko yang mungkin muncul. Dalam manajemen kontrak, terdapat aktivitas-aktivitas kunci yang harus dilaksanakan, yaitu persiapan dan pembuatan kontrak, kontrak sebagai panduan kerja (Term of Refference), kontrak sebagai alat control, dan administrasi kontrak. Paper ini akan menganalisa bagaimana FIDIC sebagai acuan kontrak internasional telah diadopsi oleh kontrak-kontrak nasional dalam rangka menjaga seluruh aktifitas dalam siklus industri konstruksi berjalan dengan baik. Alfredo Pakpahan Copyright (c) 2025 2025-12-10 2025-12-10 2 01 278 285 https://proceeding.unikal.ac.id/index.php/adr/article/view/3287 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 Amaliyah Noor Indahwati Copyright (c) 2025 2025-12-10 2025-12-10 2 01 286 298 https://proceeding.unikal.ac.id/index.php/adr/article/view/3288 Civil law and common law are two legal frameworks that dominate the global legal order, each with its own characteristics, sources, and methodologies. Civil law is rooted in the Roman-Continental tradition that prioritizes written legal codification as the primary source. This system places the legislative role at the center, where law is formed through comprehensive and systematic legislation. Countries such as France, Germany, and Indonesia adopt this system, with judges acting as passive interpreters who apply the law without creating precedents. In contrast, common law developed in England and spread to Commonwealth countries and the United States. This system relies on judicial precedent as the primary source of law, making it more flexible and evolutionary. Judges in common law have broad authority to form law through interpretation of concrete cases. The fundamental differences lie in the source of law (codification vs. precedent) and the role of judges (passive vs. active). However, in contemporary practice, there is a convergence between the two systems, for example through the adoption of equity principles in common law or the use of jurisprudence in civil law. Understanding these two systems is important for analyzing global legal diversity and its implications for legal certainty, justice, and social dynamics. Indra Suseno Aji Copyright (c) 2025 2025-12-10 2025-12-10 2 01 299 315 https://proceeding.unikal.ac.id/index.php/adr/article/view/3289 In the development process, the construction sector is inherently complex, involving various parties such as the project owner, contractor, subcontractor, building material suppliers, and consultants. Consequently, disputes frequently arise in construction projects. These disputes may stem from differences in interpretation, disagreements in project execution, or issues related to contractual terms. This paper discusses the most suitable contractual method for power plant projects that refer to FIDIC standards and presents a case study of contractual issues in an EPC Power Plant contract. It also outlines a resolution method in accordance with Indonesian legal practice through a settlement deed known as deed van dading, as an effort to resolve contractual disputes before proceeding to adjudicative stages such as arbitration or litigation. Hidbar Roberta Saragih Copyright (c) 2025 2025-12-10 2025-12-10 2 01 316 330 https://proceeding.unikal.ac.id/index.php/adr/article/view/3290 The formulation of Particular Conditions (PC) in FIDIC contracts plays a crucial role in ensuring the success of construction projects, particularly by adapting international standards to local contexts and project dynamics. This proceeding examines how professionally drafted PCs can prevent disputes, manage risks, and establish clear responsibilities among parties. Research indicates that many conflicts arise from ambiguously worded, disproportionate, or unilaterally prepared PCs. Effective PC development requires collaboration among stakeholders, precise language, and integration of dispute resolution mechanisms such as Dispute Boards or DAAB, which are now mandatory in the latest edition of FIDIC. With its dual function as a risk mitigation tool and operational control mechanism, well-structured PCs have proven to enhance efficiency, reduce legal uncertainty, and maintain sustainable cooperation within projects. Therefore, PCs are not merely administrative appendices but are strategic foundations essential for the overall success of construction projects. Jo Johnson Copyright (c) 2025 2025-12-10 2025-12-10 2 01 331 336