PERBANDINGAN KESESUAIAN HAK DAN KEWAJIBAN KONTRAK NASIONAL DAN KONTRAK INTERNASIONAL TERHADAP STANDAR FIDIC PADA PROYEK KONSTRUKSI

Abstract

A construction contract is a bond between service users working with service providers. International contracts standard have been widely used in large-scale development projects in Indonesia. However, there are still many small-scale to medium development projects and systems that use national contract standard. In this study, we analyze the balance of rights and obligations of the service user as well as the service provider at the National Contracts, International and FIDIC (Federation International Des Ingesniieurs Conseils) standard. Contract documents used are Diponegoro Reservoir Development Project which is national, and Jatibarang Reservoir Development Project which is international. The analysis is performed per sub clause of the National Contract Document as a reference that is made up of 68 sub clause 75 sub-clause. Results of analysis validated by questionnaire and interview of experts. Each contract document is then analyzed for conformance to the FIDIC standard. The results of the percentage of national contract document conformance to the FIDIC standard obtained a value of 89.71% (there are 61 sub clause corresponding from 68 sub-clause). The results of the percentage of international contract document conformance to the FIDIC standard obtained a value of 73.53% (there are 50 sub clause corresponding from 68 sub-clause).