A JURIDICAL AND MANAGERIAL PERSPECTIVE ON THE IMPLEMENTATION OF PARTICULAR CONDITIONS IN FIDIC CONTRACTS TO MINIMIZE DISPUTES AND ENHANCE PROJECT EFFICIENCY

Abstract

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.