ANALISIS YURIDIS TERHADAP ISIKO KONTRAK KONSTRUKSI DITINJAU DARI PENYEDIA JASA (STUDI KASUS KONTRAK NOMOR: 01/MSJ/KONTRAK-DIR/2008 TANGGAL 18 APRIL 2008 ANTARA PT ADHI KARYA (PERSERO) TBK DIVISI KONSTRUKSI II SELAKU PENYEDIA JASA DENGAN PT MARGA SARANA JABAR SELAKU PENGGUNA JASA
| Main Authors: | , Zaenal Effendi, , Drs. Paripurna P. Sugarda, SH., M.Hum., LL.M. |
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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/99929/ http://etd.ugm.ac.id/index.php?mod=penelitian_detail&sub=PenelitianDetail&act=view&typ=html&buku_id=55689 |
Daftar Isi:
- Risks of contract construction is a risk that quite often occurs where the impact is also very large. Construction Law (UUJK) number 18 of 1999 section 2 mandates that the principles that are used as the basis in the administration of construction services is fair, balanced, and equitable. Ideally the contract should be balanced in terms of rights and obligations, including in terms of risks that should be directed to the appropriate parties and able to address contractual risks occurring. Assessment of risk and risk response this will hopefully assist in managing the project. There are two stages in the risk management contract before the contract and after contract. One method of the risk before the contract is to allocate those risks to the clauses of the contract and the offer of bid price. Contractors should negotiate not only the magnitude of the bid price but also to negotiate a contract type that will be applied and the clauses in this contract. This is because the type of contract and the articles in the contract are the main factors that greatly affect how much the cost of supply of construction work provided by the contractor. While on stage after the contract to handle risk is to make risk analysis and classify the risks that are beyond the risk appetite and risk tolerance through the mapping of risk, so those risks can be monitored control and follow- continued to minimize or even eliminate the impact of those risks. Service providers to take into account the risks that will happen is not limited to agreements, but also take into consideration of legal principle in agreement as well as Construction Law (UUJK) number 18 of 1999, government regulations republic of Indonesia (Peraturan Pemerintah Republik Indonesia) number 29 of 2000 and those institutions prevailing in construction services. To the use regulations contained in legislation or government regulation generally tends to be impartial and protect the rigahts of the service provider. So that in applying the risk of the contract can used as a limitation of risk.