Kajian Yuridis Asas Keseimbangan dalam Kontrak Pengadaan Barang dan Jasa (Studi Kontrak Pembangunan Penyulang Baru antara PT PLN Persero dengan PT. Putra Power Energi)

Abstract

In practice, procurement contracts often lack balance, with the procurer of goods/services typically holding a stronger position while the provider is in a weaker position. This study focuses on the importance of applying the principle of balance in procurement contracts; the fulfillment of the principle of balance in the Procurement Contract for Goods and Services between PT. PLN (Persero) - and PT. Putra Power Energi; and legal protection for PT. Putra Power Energi in the implementation of unbalanced procurement contracts for goods and services. This research is of the normative legal research type, with a descriptive-analytical nature. The data used consist of primary and secondary data, collected through literature review and field studies, employing documentary research technique. The data is then analyzed using qualitative data analysis method and conclusions are drawn deductively. Based on the research findings, it is concluded that the principle of balance is one of the important principles in contracts to ensure good faith from both parties. The application of the principle of balance is not implemented in the standard clauses of the cooperation contract between PT. PLN (Persero) and PT. Putra Power Energi both pre-contractually and contractually. The lack of legal protection in the contracting agreement at PT. PLN (Persero) is due to the fact that the guiding rules are merely administrative in nature. There is a need for legislation that regulates the implementation of balanced rights and obligations between the Employer and the Contractor.