BHAKTI, MUGA PRASADA (2024) REKONSTRUKSI PERLINDUNGAN HUKUM KEPADA PELAKU USAHA DALAM KASUS KEGAGALAN KONSTRUKSI YANG BERBASIS NILAI KEADILAN. Doctoral thesis, Universitas Islam Sultan Agung Semarang.
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Abstract
Construction services play an important role in development, considering that construction services produce final production in the form of buildings or other physical forms, both in the form of facilities and infrastructure that function to support the growth and development of various fields, especially the social and cultural economic fields to realize a just and prosperous society that is evenly distributed materially and spiritually based on Pancasila and the 1945 Constitution. This dissertation has the aim of knowing and analyzing Legal Protection to Business Actors in the Case of Construction Failure has not been based on Justice. The method in this dissertation research uses a constructivism paradigm, with a non-doctrinal research type, and a socio-legal approach, and with data collection methods carried out through field research and analysis of laws and regulations. The findings of this dissertation research are that almost 20-40% of construction failures occur in the implementation process stage and 54% of these failures are caused by unskilled labor and the remaining 12% are caused by material quality (Akinci et al., 2006). To assess the failure of the building requires the determination of a professional and certified expert appraiser. Currently, Legal Protection to Business Actors in the Case of Construction Failure has not been Based on Justice this is because in the Construction Services Law it is not clearly stipulated to what extent the construction failure in the building and so far the legal liability is fully charged to the Business Actor without first seeing the error is on the Business Actor or Construction Service User as stipulated in article 65 paragraph (1) of Law Number 2 of 2017 concerning Construction Services as for the form of legal protection provided to the injured party in the event of a construction failure is related to the type of coverage that can be agreed upon in the construction work contract which includes an advance guarantee, implementation guarantee, guarantee of the quality of the work, guarantee of coverage against building failure, and guarantee against failure of construction work, including insurance of work, materials and equipment, labor insurance, and insurance of third party claims. Building failure is a risk that does not stand alone, there is always a cause and effect that accompanies it, the responsibility should be borne together. It could be that problems arise due to nontechnical matters that result in technical failures. Poor communication between Business Actors and Construction Service Users. Therefore, it is necessary to reconstruct Article 65 paragraph (1) of Law Number 2 of 2017 concerning Construction Services, in terms that must be added at the time of making the Work Contract, among others, the obligation of payment guarantee from service users and the failure of construction work and building failure which contains provisions on the obligations of service providers and / or service users for the failure of construction work and building failure and the period of responsibility for building failure. Keywords: Construction Services, Business Actors, Building Failure.
| Item Type: | Thesis (Doctoral) |
|---|---|
| Subjects: | K Law > K Law (General) |
| Divisions: | Pascasarjana Pascasarjana > Program Doktor Ilmu Hukum |
| Depositing User: | Pustakawan 5 UNISSULA |
| Date Deposited: | 26 Apr 2024 02:31 |
| Last Modified: | 26 Apr 2024 02:31 |
| URI: | http://repository.unissula.ac.id/id/eprint/33450 |
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