TINJAUAN YURIDIS TENTANG PEMBATASAN NILAI PERTANGGUNG JAWABAN KONTRAKTOR DALAM KONTRAK KERJA KONSTRUKSI
| Main Authors: | , Shinta Dewi Maharani Kusumaningtyas, , Sularto, S.H. M.Kn., M.H, |
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| Format: | Thesis NonPeerReviewed |
| Terbitan: |
[Yogyakarta] : Universitas Gadjah Mada
, 2012
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| Subjects: | |
| Online Access: |
https://repository.ugm.ac.id/100267/ http://etd.ugm.ac.id/index.php?mod=penelitian_detail&sub=PenelitianDetail&act=view&typ=html&buku_id=56159 |
Daftar Isi:
- The purpose of the research is in order to know and analyze whether the Indonesian prevailing laws regarding limitation of liability of the contractor, which is implemented in the construction contract, has protect the Employer�s interest and to analyze whether the terms and condition of Federation Internationale des Ingenieurs- Conseils (FIDIC), which regulate the contractor�s limitation of liability, has been implemented in construction contracts in Indonesia. By using juridical normative method of qualitative research, the Author is attempt to describe the fact and the problems, which are related to the laws which restrict the contractor liability in a construction contract, and whether such laws is both protecting the Contractor and the Employer interest. Furthermore, follow up with problems research based on the prevailing laws. The result of the research reveal that the Indonesian regulation, which stipulate about the contractor�s limitation of liability, has protect both the Contractor and the Employer interest. The said regulation is as stipulated in the PP No. 29 Year 2000 regarding implementation regulation of Construction Law and also the Presidential Regulation No. 54 Year 2010 regarding Procurement of Goods and Service. Besides, in determining the maximum liability of the Contractor, implementation of general terms and condition of Federation Internationale des Ingenieurs-Conseils (FIDIC) regarding the clause of �Limitation of Liability� and �Consequential Damage� has already adopted in the construction contract in Indonesia. The legislation of the adoption of general terms of FIDIC has been aaccomodate in the �License Agreement� dated 10 November 2007 by Lembaga Jasa Konstruksi Nasional (LPJKN) and FIDIC in the translation of General Conditions of Contract MDB Harmonised Edition 2006, where this translation is in accordance with the main duty of Lembaga Pengembangan Jasa Konstruksi Nasional (LPJKN) to compose the model of construction contract and the effort of standardization of construction contract in Indonesia.