scholarly journals Settlement of Construction Dispute in Building Bridge through the Indonesian National Arbitration Agency (Bani)

2020 ◽  
Vol 6 (03) ◽  
Author(s):  
Deny Haspada
Keyword(s):  
Economic Growth ◽  
Legal Issues ◽  
Construction Sector ◽  
Time Cost ◽  
Construction Work ◽  
Construction Market ◽  
Construction Disputes ◽  
Building Bridge ◽  
Construction Services ◽  
Work Contract

In a construction work contract, legal disputes often occur during the implementation of the construction work contract, because there are achievements that are late and cannot satisfy one of the parties in the contract. Construction disputes have an impact on legal issues that result in time, cost losses and hinder the contribution of the construction sector in economic growth. The growth of the construction market in the era of globalization is also accompanied by high levels of legal disputes. With the issuance of the Law No. 2 of 2017 regarding Construction Services, it is hoped that problems relating to construction disputes will be more quickly resolved.

scholarly journals Penyelesaian Sengketa Kontrak Kerja Konstruksi Melalui Ajudikasi Dan Perbandingan Dengan Arbitrase

Acta Comitas ◽  
2020 ◽  
Vol 5 (2) ◽  
pp. 240
Author(s):  
I Made Wisnu Suyoga ◽  
Yohanes Usfunan
Keyword(s):  
Dispute Resolution ◽  
Comparative Approach ◽  
Construction Work ◽  
Legal Research ◽  
Construction Disputes ◽  
Construction Services ◽  
Work Contract ◽  
Research Show

The purpose of this study is to analyze the construction dispute resolution in Indonesia; and comparison of construction work contract dispute resolution through adjudication and arbitration. This type of research is a normative legal research with a statute approach, concept approach and comparative approach. The analysis of legal material in this study was done descriptively, interpretatively, evaluatively and argumentatively. The results of the research show that the settlement of construction disputes in Indonesia is regulated in Article 88 of Law Number 2 of 2017 concerning Construction Services including: Mediation, Conciliation and Arbitration. The comparison of construction work contract dispute resolution through adjudication and arbitration states that adjudication is an arbitration mechanism that is simplified and then adjusted in such a way as to meet the needs of fair dispute resolution. Tujuan study ini untuk menganalisis penyelesaian sengketa konstruksi di Indonesia; dan perbandingan penyelesaian sengketa kontrak kerja konstruksi melalui ajudikasi dan arbitrase. Jenis penelitian yang digunakan merupakan penelitian hukum normatif dengan pendekatan perundang-undangan, pendekatan konsep dan pendekatan perbandingan. Analisis bahan hukum dalam penelitian ini dilakukan secara deskriptif, interpretatif, evaluatif dan argumentatif analisis. Hasil study menunjukkan penyelesaian sengketa konstruksi di Indonesia diatur dalam Pasal 88 Undang-Undang Nomor 2 Tahun 2017 tentang Jasa Konstruksi meliputi: Mediasi, Konsiliasi dan Arbitrase. Perbandingan antara adjudikasi dan arbitrase dalam fungsinya sebagai penyelesaian sengketa kontrak kerja konstruksi dapat dideskripsikan secara sederhana, bahwa adjudikasi merupakan mekanisme penyelesaian sengketa yang memiliki kemiripan dalam hal karakteristik dengan arbitrase. Namun mekanisme adjudikasi justru bersifat lebih sederhana dibandingkan dengan arbitrase.

scholarly journals Investigation on factors that contribute to the abandonment of building in construction industry in Malaysia

2018 ◽  
Vol 34 ◽  
pp. 01025 ◽  
Author(s):  
Nur Farhayu Ariffin ◽  
Mohd Faizal Md Jaafar ◽  
Mohamad Idris Ali ◽  
Noram Irwan Ramli ◽  
Khairunisa Muthusamy ◽  
...  
Keyword(s):  
Economic Growth ◽  
Construction Industry ◽  
Current Data ◽  
Project Delivery ◽  
Construction Sector ◽  
Housing Project ◽  
Construction Work ◽  
Financial Problem ◽  
Project Completion ◽  
Main Factor

In Malaysia, the construction sector is one of the important sectors that contribute to economic growth and employments. However, a major concern facing the construction industry is the growing rate of delays in project delivery. In the worse cases, the projects were abandoned due to some reasons when the contract period ended. Abandoned building defines as construction work that has been continuously stalled for 6 months or more, during the project completion period or beyond the scheduled date of completion. When the projects become abandoned, it gives an adverse effect on many parties such as the developer, contractor, consultant and also client. According to previous researchers, the abandonment of building causes a serious problem and need some mitigation plan to avoid this problem from occurring. This study will investigate the fundamental factors that contribute to the abandonment of building and projects in Malaysia based on the current data of the abandoned building in most states in Malaysia. The data was collected from the respondents who is in the construction industry and had experience working with abandoned housing project. Form the respondents perspective, it shows that the main factor contribute to the building abandonment is due to the financial problem facing by the developer company.

scholarly journals World Construction Market

2019 ◽  
Vol 7 (2) ◽  
pp. 32-36
Author(s):  
B.-Z. Iliev
Keyword(s):  
Economic Growth ◽  
Strong Relationship ◽  
Construction Technology ◽  
Construction Sector ◽  
The European Union ◽  
Construction Market ◽  
Management Efficiency ◽  
Construction Activity ◽  
Global Construction ◽  
National Economies

Construction sector involves a lot of counterparties and influence of the whole national economies. In one construction project (for example, business centre) involves a huge number of different companies — from extraction (elements for cement) to project management and design. And, as a consequence, the importance of the construction sector is not only related to its size but also its role in economic growth. There is evidence of the existence of a very strong relationship between construction activity and economic growth. Leaders of the global construction market — USA, China and the European Union. Partially, it depends on the national economy, but there is a list of additional points — management efficiency, construction technology, skills availability, and so on.

THE DEVELOPMENT OF ANATOMY OF CONSTRUCTION DISPUTE

2016 ◽  
Vol 3 (2) ◽  
Author(s):  
Felix Hidayat ◽  
Biemo W. Soemardi
Keyword(s):  
Dispute Resolution ◽  
Construction Industry ◽  
Construction Sector ◽  
Factors Affecting ◽  
Construction Market ◽  
Construction Disputes ◽  
Infrastructure System ◽  
The Government ◽  
Dispute Resolution Mechanism ◽  
The Impact

The advancement of the construction industry in Indonesia is often not accompanied with adequate infrastructure system, especially in terms of regulations and legal system. The enactment of Law no 80–1999 has contributed to the expansion of construction market by allowing the private sector, including those from overseas, to play bigger roles in the industry. Although strongly acknowledged by stakeholders in the industry, the progress made by the government and the practitioner in the industry to response to the needs for more appropriate actions to cope with this ever increasingly complex system has been very slow. The dynamic of the construction industry in the region has changed the formerly rigid government-dominated construction sector to become an intricate one. The impact of such dynamic in the industry has been apparent. In particular, construction disputes have been experiencing changing in the dynamic of the way the disputes were handled; from the traditional litigation approach toward modern alternative dispute resolution mechanism. While litigation remains the dominant construction dispute resolution mechanism, nonlitigation approaches such as arbitration and dispute review board are beginning to gain recognition in industry. This paper presents a study on the development of anatomy of construction dispute in Indonesia, which will serve as a framework for analyzing the dynamic of construction disputes in Indonesia. Such a framework will help to identify factors affecting construction dispute mechanism, from the initiation of disputes to the resolution. The anatomy is developed based on analysis of construction dispute cases that have been recorded in judicial courts as well as from Indonesian Arbitration Board.

scholarly journals Legality of Construction Working Contracts as an Formil Agreement

2021 ◽  
Vol 6 (1) ◽  
pp. 85-102
Author(s):  
Diana Rahmawati ◽  
Zakiyah Zakiyah ◽  
Muhammad Arsyad
Keyword(s):  
Service Provider ◽  
Service Work ◽  
Construction Work ◽  
Legal Research ◽  
Service Contracts ◽  
Construction Services ◽  
Work Contract ◽  
Legal Consequences ◽  
Laws And Regulations ◽  
Work Contracts

The purpose of this study is to determine the form of construction work contracts and the legal consequences of construction work contracts that are not in accordance with the provisions of statutory regulations in the field of construction services. The legal research method used is normative legal research, which is a study of the prevailing laws and regulations which are particularly related to construction service contracts. This type of research is legal obscurity. A construction work contract is a type of formal agreement in which Law Number 2 of 2017 concerning Construction Services and its implementing regulations determines the procedures and conditions before the contract is made, including the form and content of the construction work contract, by determining the standard at a minimum, the contents of a construction service work contract that must be included in the construction work agreement by the parties. Since the construction work contract is a contract with mandatory conditions, the construction work contract is a formal agreement. This is if the construction work contract is made without paying attention to the provisions of laws and regulations in the field of construction services, both regarding the qualification requirements of a construction service provider, the procedure for selecting a service provider and the form and content of the construction service contract that has been determined by the law. As a juridical consequence, if the formal conditions are not fulfilled in a contract concerned, it is not legally enforceable or in other words it is a null and void contract (nietig, null and void).

scholarly journals Organisational Strategies for Competitive Advantage in the Construction Industry: Chinese Dominance in Southern Africa

2020 ◽  
Vol 25 (2) ◽  
pp. 1-38
Author(s):  
Daniel Soares Fernandes ◽  
George Joseph
Keyword(s):  
Competitive Advantage ◽  
Easy Access ◽  
African Region ◽  
Online Questionnaire ◽  
Chinese Enterprises ◽  
Construction Market ◽  
Local Resources ◽  
Southern African Region ◽  
Wide Range ◽  
Construction Services

Chinese enterprises are presently dominating various sectors of businesses abroad, offering a wide range of low to high-end quality products and services. The construction sector in Africa is now being dominated by Chinese multinational contractor companies, who find in Africa their next preferable market to grow. The available literature on the field has serious gaps in explaining which organisational strategies increase the competitive advantage and the market dominance of Chinese multinational contractors, especially in the Southern African region. This research aims to uncover the organisational strategies, implemented by Chinese multinational contractors operating in the Southern African region, who have paved the way and consolidated their success in the region. Through a mixed methods process, qualitative and quantitative data are obtained. The construction markets of the Southern African region are analysed (environmental analysis) and the main multinational Chinese contractors are identified, through a literature review and organisational analysis. Several organisational strategies are shortlisted and, finally, through an online questionnaire, the opinions of the participants to rank the organisational strategies previously identified in terms of contribution to the actual success, copying capability, etc., are carried out. The findings revealed that the capability to offer a lower price for construction services, the easy access to loans and funds from the organisation's home government and the capability to trade debt for local resources, such as wood, land and minerals are the organisational strategies that mostly contributed to the recent Chinese contractor dominance in the Southern African construction market.

scholarly journals How to convince players in construction market? Strategies for effective implementation of circular economy in construction sector

2019 ◽  
Vol 6 (1) ◽  
pp. 1690760 ◽  
Author(s):  
Jarosław Górecki ◽  
Pedro Núñez-Cacho ◽  
Francisco Antonio Corpas-Iglesias ◽  
Valentín Molina ◽  
Sanjay Kumar Shukla
Keyword(s):  
Circular Economy ◽  
Construction Sector ◽  
Construction Market ◽  
Effective Implementation ◽  
Market Strategies

scholarly journals Analisis Undang Undang yang Mengatur Jasa Konstruksi Indonesia Terhadap Pengguna dan Penyedia Jasa Konstruksi

2020 ◽  
Vol 25 (2) ◽  
pp. 199
Author(s):  
Andi Bayu Putra ◽  
Hendrik Sulistio
Keyword(s):  
Service Providers ◽  
Study Data ◽  
Test Reliability ◽  
Survey Method ◽  
Construction Work ◽  
Literature Study ◽  
Good Guide ◽  
Construction Services ◽  
Statutory Regulation ◽  
Selection Of

Construction Services Law is a statutory regulation that is used to regulate all matters involving construction services, whereas in this study conducted in Jakarta, Indonesia, Law No. 18 of 1999 about Construction Services and Law No. 2 of 2017 about Construction Services. With changes in the Construction Services Law, there are differences in the form of revisions, additions, and reductions. These differences and changes are analyzed with the aim of developing a better Construction Services Law in the future. The method used in this research is a literature study method and questionnaire survey method. Questionnaire questions were formed based on literature studies from previous research and Construction Services Law discussed in this study. Data obtained from respondents were entered into the IBM SPSS Statistics 23 program and then conducted a validity test, reliability test, correlation test, and regression analysis. The analysis shows that there are several Construction Services Law’s regulations which cannot be a good guide for construction service providers and users yet, due to: the provisions regarding building failures are not well explained, the general lack of provisions governing the selection of expert assessors, the lack of clarity governing labor standards construction work and unclear regulations regarding sanctions for parties involved in construction work.

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