ANALYSIS OF FORCE MAJEURE CLAUSES IN FIDIC FOR POST-PANDEMIC PROJECT STABILITY

Abstrak

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.