EFEKTIVITAS PENGATURAN KONTRAK KONSTRUKSI DALAM MENJAMIN KEPASTIAN HUKUM DAN PERLINDUNGAN PARA PIHAK DI INDONESIA

Abstract

The regulatory framework governing construction contracts and dispute resolution mechanisms in Indonesia plays a critical role in ensuring legal certainty and protection for parties involved in construction projects. Construction contracts drafted under the Indonesian Civil Code, Law No. 2 of 2017 on Construction Services, Presidential Regulations on Government Procurement, and technical standards such as SNI and FIDIC establish clear provisions on rights and obligations, risk allocation, quality standards, construction safety, and procedures for contract variations. These regulations prevent ambiguity, reduce the risk of disputes, and ensure accountable and orderly project implementation. When disputes arise, mechanisms such as litigation, arbitration, and adjudication provide effective legal remedies. Arbitration is widely preferred due to its speed, confidentiality, and reliance on construction experts. Adjudication offers fast, temporarily binding decisions that keep projects moving, while litigation ensures comprehensive protection, especially in public-related cases or construction failures. The availability of multiple forums demonstrates that Indonesia’s construction law framework is designed not only to promote legal certainty but also to ensure efficient dispute resolution.