IJSTR >> Volume 6 - Issue 12, December 2017 Edition

[Full Text]

AUTHOR(S)

Aripurnomo Kartohardjono , Sarwono Hardjomuljadi

KEYWORDS

claim, dispute resolution, construction projects.

ABSTRACT

The Increasing of infrastructure development in Indonesia, and the need of facilities and infrastructure for the resident, and also upgrading and advancing the technology, every subject need to have a proper contract, and this may result in prolonged disputes, when in to a project contract and disputes that are not handled carefully, especially when associated with a broad of territory of Indonesia that has diverse cultures, languages, and customs. Referring to Act no. 18, 1999 on Construction Services, Act no. 30, 1999 on Arbitration and Alternative Dispute Settlement, and Act No.2 of 2017 concerning Construction Services, that is Indonesia path of law for construction disputes settlement Legal culture in Indonesia, among others, consensus for consensus as one of the legal component also greatly affect the work of the legal system. Attitudes of eastern society that put forward the values of harmonization for the application of law in solving the problem. The eastern people tend to reject the application of the third party to solve the construction dispute, because the court is considered as the rifters of social relations of society. The value of harmony and tend to close the problem is the culture of the eastern society, and this is certainly very different from the way of view and attitude of western society in looking at the law. The modeling given the variables which need to be observed so that the conflicts can be minimized. The results of the questionnaires modeled with the model proved statistically to provide information that dispute resolution with the dispute board is the preferred system of society in the scope of the study area. This is to increase awareness or prevent the happening of dispute. So dispute resolution could resolve quickly and appropriately and must be handled from the beginning of contract by independent experts, trusts and people respect to it. So the project continues, but the settlement of claims and / or disputes is still being processed.

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