ANALYSIS OF THE SPECIAL CONDITIONS OF THE FIDIC CONTRACT IN RELATION TO THE BIDDING OPINION IN THE IMPLEMENTATION OF THE 2×7 MW TANJUNG SELOR POWER PLANT PROJECT: A LEGAL AND PRACTICAL STUDY

Abstrak

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.