PERSPECTIVE FROM ALTERNATIVE OF CONSTRUCTION DISPUTE RESOLUTION THROUGH CONSTRUCTION DISPUTE COUNCIL IN INDONESIA

Abstrak

Indonesia experienced significant growth in the construction service industry, with market projections reaching Rp349,16 trillion in 2024, growing 4.68% from 2023. Construction projects involve resources and often have the potential to cause disputes. From 2017 to 2021, construction disputes increased from 2,153 to 3,880 cases, highlighting the need for non-litigation settlement alternatives. The research explores the role of the construction dispute board in providing solutions and perspectives of construction service providers towards dispute prevention. The Construction Dispute Council in Indonesia acts as an alternative to resolving construction disputes, according to the Ministerial Regulation of PUPR Number 11 of 2021. Consisting of a minimum of 3 members, this council is formed through an employment agreement. His duties include preparing schedules, studying contracts, field visits, and making reports and recommendations to prevent disputes. In addition to deliberation, the law also regulates settlement through mediation, arbitration, or court channels. Several related institutions include BANI, DSI, and PADSK. Construction service actors try to avoid disputes and disputes through the Dispute Board to obtain legal certainty. According to Permen PUPR No. 11 Year 2021, a dispute is a conflict between Service Users and Service Providers that can cause legal consequences. Although Law No. 2 of 2017 provides alternative solutions, | Dispute Councils are often considered to have no legal certainty due to reluctance to negotiations, distrust, and arguments that persist. Awareness of the needs of the mediator is needed to minimize disputes in construction contracts. Keywords: Indonesia, Construction Dispute, Dispute Board, Legal Certainty, Construction Contract