Aspek Hukum Pelaksanaan Perjanjian Pemborongan dalam Usaha Jasa Konstruksi (Suatu Studi di Komamadya Banda Aceh)

Abstract

In performance of physical development, the employer party should use contractor service for its performance. It 1s done by making contract which is called as construction agreement by referring to KUH perdata, A.V. 1941 and Kepres No. 16 in the year 1994 jo. Kepres No. 24 in the year 1995.

In performance of the construction agreement, it is necessary to explore that procedure which is done before the agreement, legal relation and position of the parties in the agreement, contract document as well as its changing, contract change, the default, the form, and the causes factor and how the agreement ends.

In order the such describe. the research is done with descriptive analysis. The research location is in Banda Aceh city and the respondents are established purposively namely 2 government instances and 2 private instances as employers parties and 60 contractors.

Primary and secondary data is obtained through library study, understanding of contract document as well as field study by using interview guidance and questionnaire distribution.

Based on the result of research it is obtained the description among others, the procedure which is done before the agreement such as prequalification assesment and the auction has not been done well, so that basic performance of the agreement, legal relation of the parties is as employer and work implementor, the position of contractor is not balance with the position of employer, so that contractor is in weak position. The involvement of subcontractor in work performance is outside of basic contract. Subcontractor only responsibilities for contractor and all subcontractor action is supposed as contractor action as the who1e, In practice, contract change is still done to other contractor without the consent from employer and it is included in anti-healthy competition practices.

In performance of construction agreement, default which is happened such as, the contractor retires after winning the auction, contractor is late to finish the work, contractor is late to start the work and contractor stops the work without any legality reason, The cause of default is contractor management is not so good. lack of supporting personnel, unsupporting natural condition, notice to proceed (NTP) is late be issued, coordination from employer is not so well, preparation of material is limited. the Lateness of payment by employer party and contractor is getting bankrupt.

construction agreement ends after the work is transferred, contract ceasinq as the existence of force majeur and the contract in breach by the parties.