PERAN FIDIC DALAM PENYELESAIAN SENGKETA PROYEK TRANSMISI LISTRIK DENGAN PENDEKATAN RED BOOK

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. The use of the FIDIC Red Book international contract standard in electricity transmission projects in di PT.PLN (Persero) is becoming increasingly relevant, especially in projects with a design by employer scheme. This study aims to analyze the role of FIDIC in the construction dispute resolution mechanism and its compliance with national regulations. Through a normative legal approach, it is concluded that the dispute resolution structure in the FIDIC Red Book—through the stages of Engineer, Dispute Adjudication Board (DAB), and arbitration—can be adopted in the Indonesian legal system, with adjustments through institutions such as LPJK and BANI. The success of the implementation is highly dependent on contractual clauses that guarantee the independence of the dispute arbitrator and compliance with the Construction Services Law and the National Arbitration Law.