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.

Preview	Text Program Doktor Ilmu Hukum_10302100169_fullpdf.pdf Baca Disini (2MB) | Preview Download (2MB)
	Text Program Doktor Ilmu Hukum_10302100169_pernyataan_publikasi.pdf Restricted to Registered users only Baca Disini (2MB) | Preview Download (2MB)

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.

Dosen Pembimbing:	Mashdurotun, Anis and Bawono, Bambang Tri | nidn0621057002, nidn0607077601
Item Type:	Thesis (Doctoral)
Subjects:	K Law > K Law (General)
Divisions:	Pascasarjana Pascasarjana > Mahasiswa Pascasarjana - Disertasi Program Doktor Ilmu Hukum Fakultas Hukum > Mahasiswa Pascasarjana - Disertasi Program Doktor Ilmu Hukum
Depositing User:	Pustakawan 5 UNISSULA
Date Deposited:	26 Apr 2024 02:31
Last Modified:	26 Apr 2024 02:31
URI:	https://repository.unissula.ac.id/id/eprint/33450

Actions (login required)

View Item