Analysis of Construction Dispute Resolution Reform Perspective of Law Number 2 of 2017

Indonesia is pursuing development to enhance welfare through projects like office buildings, housing, and infrastructure. The involvement of societal levels is crucial for success. However, development can trigger disputes 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

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Publication Details

Journal
Journal of Law Politic and Humanities
Published
2024-10-07
DOI
https://doi.org/10.38035/jlph.v4i6.780
Citations
2
Primary Topic
Indonesian Legal and Regulatory Studies
Type
article
Field-Weighted Citation Impact
4.46
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article

Analysis of Construction Dispute Resolution Reform Perspective of Law Number 2 of 2017

Jeffry Yuliyanto Waisapi
2 citations
Journal of Law Politic and Humanities
Indonesian Legal and Regulatory Studies
4.46
article

Analysis of Construction Dispute Resolution Reform Perspective of Law Number 2 of 2017

Jeffry Yuliyanto Waisapi
article en
2 citations

Abstract

Indonesia is pursuing development to enhance welfare through projects like office buildings, housing, and infrastructure. The involvement of societal levels is crucial for success. However, development can trigger disputes 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 Politic and HumanitiesVol. 4(6)
Universitas 17 Agustus 1945 Surabaya (ID)
Openalex Percentile: Top 4%
Indonesian Legal and Regulatory Studies
4.46
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Analysis of Construction Dispute Resolution Reform Perspective of Law Number 2 of 2017 — Jeffry Yuliyanto Waisapi · Journal of Law Politic and Humanities (2024) | TGRS Research Map | TGRS