KEGAGALAN PELAKSANAAN KONSTRUKSI BERDASARKAN PERSPEKTIF HUKUM

Abstract

Liability for construction failures is a major issue in the construction industry. The production process which involves many parties with various interests causes the allocation of liabilities for construction failure to be complicated. One of the causes of construction failure is a mismatch between the product and the terms of the contract. This study aims to examine the failure of construction implementation from a legal perspective, the study process through regulatory analysis and research results related to the causes of construction failure during the construction phase in terms of legal aspects. This study finds several problems that still need to be ascertained, and are very important to be developed in the Law of the Republic of Indonesia Number 2 of 2017 concerning Construction Services, article 60, it is stated that the responsibility for building failures explicitly involves two elements, namely: (1) service providers construction, (2) service provider plans such as the definition of failure, duration of responsibility, failure assessment criteria still need to be developed to reduce the subjectivity of the assessor, and the level of compensation for costs and losses incurred in the case of failure needs to be estimated.