Pertanggungjawaban Kontraktor atas Keterlambatan Penyelesaian Pekerjaan dalam Tender Pengadaan Barang dan Jasa (Studi Proyek Pembangunan Jaringan Irigasi Tingkat Usaha Tani Oleh CV Titian Berkah di Kota Pematangsiantar)

Abstract

The procurement of goods and services holds a strategic role in the development of public infrastructure funded by the Regional Revenue and Expenditure Budget APBN, APBD,and APBDesa including in the field of construction services. However, its implementation often faces various obstacles, one of which is the delay in project completion, which can lead to legal consequences. The delay experienced by CV. Titian Berkah in the construction of an irrigation network project in Pematangsiantar City serves as a concrete example of the importance of compliance with contract terms, where full responsibility lies with the contractoras the project executor.The research questions in this study are: how is the construction work contract regulated in the procurement of goods and services; what are the legal consequences of delays in project completion by the contractor in the Irrigation Network Development Project between the Food Security and Agriculture Office and CV. Titian Berkah in Pematangsiantar City; and how is the legal liability of CV. Titian Berkah as the contractor for the delay in the completion of the project. This research employs empirical legal research using a statutory and case study approach. The results show that construction work contracts in government procurement are regulated in Article 1313 of the Indonesian Civil Code, Article 8 paragraph (1) of Law No. 2 of 2017 on Construction Services, and Presidential Regulation No. 12 of 2021 on Government Procurement of Goods and Services.The legal consequence of the delay in completing the irrigation network project is that CV. Titian Berkah was declared to have committed a breach of contract (wanprestasi) and was subject to a late penalty, calculated at 1/1000 (one per mille) of the contract value per day of delay, along with the issuance of Addendum-01. The legal responsibility of CV. Titian Berkah includes both civil and administrative liability.