Analysis of Construction Dispute Resolution in the Perspective of Legal Reform Based on Law Number 2 of 2017

Indonesia, as a developing nation, is actively pursuing comprehensive development across various sectors to enhance equitable welfare, particularly through economic projects like office buildings, housing, and infrastructure. The involvement of all societal levels is crucial for ensuring the success of these endeavors. However, economic development often triggers disputes stemming from differing interpretations or contractual provisions. This study focuses on analyzing reforms in construction dispute resolution under Law No. 2 of 2017, utilizing a quantitative survey approach. The Construction Services Acts of 1999 and 2017 marked significant shifts in philosophical outlook and dispute resolution mechanisms. Findings indicate that the 2017 Act emphasizes non-litigious settlements with a "win-win" approach, though challenges remain regarding the term "court." Despite these challenges, the study acknowledges that Indonesia is progressing towards effective construction dispute resolution. It recommends stricter sanctions for violations of construction agreements to enhance future regulatory frameworks. These insights are vital for legal practitioners and policymakers, aiming to refine mechanisms and raise public awareness on regulatory gaps that hinder sustainable development in Indonesia. The study also categorizes dispute resolution solutions and scrutinizes provisions in Law No. 2 of 2017 concerning defects, nonconformities, weaknesses, and perceived biases. The Act defines a team formed by mutual agreement to oversee Construction Services, tasked with preventing and mediating disputes arising from Construction Work Contracts.

Authors

Institutions

Publication Details

Journal
Journal of Law and Legal Reform
Published
2024-12-15
DOI
https://doi.org/10.15294/jllr.v5i4.4310
Primary Topic
Indonesian Legal and Regulatory Studies
Type
article
Field-Weighted Citation Impact
0.00
Controls
|||
ALL TIME
JAN
FEB
MAR
APR
MAY
JUN
JUL
AUG
SEP
OCT
article

Analysis of Construction Dispute Resolution in the Perspective of Legal Reform Based on Law Number 2 of 2017

Yovita Arie Mangesti, Felina Co Young, Rosalinda Elsina Latumahina, Slamet Suhartono et al.
Journal of Law and Legal Reform
Indonesian Legal and Regulatory Studies
article

Analysis of Construction Dispute Resolution in the Perspective of Legal Reform Based on Law Number 2 of 2017

Yovita Arie Mangesti, Felina Co Young, Rosalinda Elsina Latumahina, Slamet Suhartono, Jeffry Yuliyanto Waisapi
article en

Abstract

Indonesia, as a developing nation, is actively pursuing comprehensive development across various sectors to enhance equitable welfare, particularly through economic projects like office buildings, housing, and infrastructure. The involvement of all societal levels is crucial for ensuring the success of these endeavors. However, economic development often triggers disputes stemming from differing interpretations or contractual provisions. This study focuses on analyzing reforms in construction dispute resolution under Law No. 2 of 2017, utilizing a quantitative survey approach. The Construction Services Acts of 1999 and 2017 marked significant shifts in philosophical outlook and dispute resolution mechanisms. Findings indicate that the 2017 Act emphasizes non-litigious settlements with a "win-win" approach, though challenges remain regarding the term "court." Despite these challenges, the study acknowledges that Indonesia is progressing towards effective construction dispute resolution. It recommends stricter sanctions for violations of construction agreements to enhance future regulatory frameworks. These insights are vital for legal practitioners and policymakers, aiming to refine mechanisms and raise public awareness on regulatory gaps that hinder sustainable development in Indonesia. The study also categorizes dispute resolution solutions and scrutinizes provisions in Law No. 2 of 2017 concerning defects, nonconformities, weaknesses, and perceived biases. The Act defines a team formed by mutual agreement to oversee Construction Services, tasked with preventing and mediating disputes arising from Construction Work Contracts.

Journal of Law and Legal ReformVol. 5(4)
Philippine Women's University (PH), Universitas 17 Agustus 1945 Surabaya (ID)
Openalex Percentile: Top 58%
Indonesian Legal and Regulatory Studies
AI Navigator

Ask Laika to Summarize, Analyze, and Connect papers live on the map.

Summarize Papers & Methodologies

Extract key findings, datasets, and comparative methods across publications.

Benchmark Rankings & Visual Analytics

Rank top research institutions, authors, funders, topics, and journals by Field-Weighted Citation Impact (FWCI) and paper volume with instant charts.

Connect Distant Disciplines

Bridge topological clusters on the map to find hidden collaborative intersections.

Analysis of Construction Dispute Resolution in the Perspective of Legal Reform Based on Law Number 2 of 2017 — Yovita Arie Mangesti, Felina Co Young, et al. · Journal of Law and Legal Reform (2024) | TGRS Research Map | TGRS