PENYELESAIAN PERSELISIHAN PERJANJIAN PEMBANGUNAN PEMBANGKIT LISTRIK TENAGA MINIHYDRO (PLTM) BONEHAU 2 X 2000 kW

Abstrak

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. In the case study raised is a dispute over the Bonehau Minihydro Power Plant (PLTM) construction project with a capacity of 2x2000 kW. In this case, a flash flood occurred which caused damage to the generating machine which required repair costs of 17.4 billion rupiah. So there was a dispute between PLN and the Contractor regarding who was responsible for repairing the machine. Through a qualitative method approach and a theoretical approach to dispute resolution to the case studies raised, it was concluded in the contract agreement for the construction of the Bonehau minihydro power plant (PLTM) between PLN and the Contractor that it was agreed that if a dispute occurred, the first way to be taken was to resolve the dispute through deliberation, mediation, and a mutually agreed arbitration body. After 2 years of deliberation and mediation, no agreement was found, the dispute resolution mechanism that both parties ultimately tended to agree on was dispute resolution through an arbitration body. In principle, resolving disputes or disagreements through arbitration is an alternative dispute resolution with the aim of obtaining a fair agreement for both parties.