Interpretation of Schedule When Changes in Conditions: A Case Study of Price Adjustment in the Lampung Extra High Voltage Overhead Line Construction Contract

This normative legal research analyzes disparities in interpreting work execution timelines in implementing the price adjustment clause in the Lampung EHV Overhead Line Construction Contract, which were complicated by significant changes in circumstances. The change in the transmission line route caused delays, triggering differences in viewpoints between PLN and the contractor regarding the cut-off for price adjustment calculations. The contractor argues for using factual indicators of work completion, referring to the doctrine of rebus sic stantibus. Meanwhile, PLN adheres to indicators related to the initial commitment based on the principles of pacta sunt servanda and nemo auditur. This research uses statute, conceptual, and case approaches to examine the Lampung EHV Overhead Line Construction Contract. The research findings show that neither approach, if applied rigidly, produces a fair cut-off. Therefore, this research formulates normative parameters that link the cut-off to the most relevant indicator, plus an adjusted duration that considers the impact of changes in circumstances and internal contractor factors. These parameters aim to achieve contractual justice, legal certainty, and objective, transparent, and accountable implementation of price adjustment based on the principle of good faith.

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Publication Details

Journal
SIGn Jurnal Hukum
Published
2025-02-15
DOI
https://doi.org/10.37276/sjh.v6i2.400
Citations
9
Primary Topic
Legal Studies and Policies
Type
article
Field-Weighted Citation Impact
143.85
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article

Interpretation of Schedule When Changes in Conditions: A Case Study of Price Adjustment in the Lampung Extra High Voltage Overhead Line Construction Contract

S. Sami’an, Sarwono Hardjomuljadi, Haryo Wisnuaji
9 citations
SIGn Jurnal Hukum
Legal Studies and Policies
143.85
article

Interpretation of Schedule When Changes in Conditions: A Case Study of Price Adjustment in the Lampung Extra High Voltage Overhead Line Construction Contract

S. Sami’an, Sarwono Hardjomuljadi, Haryo Wisnuaji
article en
9 citations

Abstract

This normative legal research analyzes disparities in interpreting work execution timelines in implementing the price adjustment clause in the Lampung EHV Overhead Line Construction Contract, which were complicated by significant changes in circumstances. The change in the transmission line route caused delays, triggering differences in viewpoints between PLN and the contractor regarding the cut-off for price adjustment calculations. The contractor argues for using factual indicators of work completion, referring to the doctrine of rebus sic stantibus. Meanwhile, PLN adheres to indicators related to the initial commitment based on the principles of pacta sunt servanda and nemo auditur. This research uses statute, conceptual, and case approaches to examine the Lampung EHV Overhead Line Construction Contract. The research findings show that neither approach, if applied rigidly, produces a fair cut-off. Therefore, this research formulates normative parameters that link the cut-off to the most relevant indicator, plus an adjusted duration that considers the impact of changes in circumstances and internal contractor factors. These parameters aim to achieve contractual justice, legal certainty, and objective, transparent, and accountable implementation of price adjustment based on the principle of good faith.

SIGn Jurnal HukumVol. 6(2)
Universitas Pekalongan (ID)
Peace, Justice and strong institutions
Openalex Percentile: Top 0%
Legal Studies and Policies
143.85
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Interpretation of Schedule When Changes in Conditions: A Case Study of Price Adjustment in the Lampung Extra High Voltage Overhead Line Construction Contract — S. Sami’an, Sarwono Hardjomuljadi, et al. · SIGn Jurnal Hukum (2025) | TGRS Research Map | TGRS