Penyelesaian Sengketa Kontrak Jasa Konstruksi melalui Arbitrase

Abstract

Business activities are rife in Indonesia, one of which is the construction service business. The implementation of the construction service business is made by the parties with a construction service contract. In the implementation of construction service contracts, sometimes there are construction service disputes between the parties, both providers and users of construction services, which are decided through arbitration, but there are still many arbitration decisions that are not in accordance with the principles of justice, propriety and certainty so that the arbitration decision is requested for annulment of the decision to the court. . Therefore, it needs to be studied in this study. The research method used in this research is normative juridical research. The type of research used is normative legal research. This research is a prescriptive analysis. The research approach used: 1. Statue approach; 2. Conceptual approach; 3. Philosophical approach; 4. Legal comparative approach; 5. Historical approach; 6. Case approach. The research data used are secondary data in the form of primary legal materials, secondary legal materials, and tertiary legal materials and are supported by the results of informant interviews. Data collection techniques through library research and interviews. Deductive qualitative data analysis. The findings in this study: 1. Construction is a multidisciplinary activity that must be resolved through arbitration because it does not only have parties in legal science but is multidisciplinary, so that arbitration in settlement is more effective; 2. The rights and obligations of the parties must be protected by law. BANI arbitration and rules and procedures; 3. The juridical analysis of the arbitral award in this study deviates, and uses reasons other than the provisions of Article 70 of the Law. Arbitration that is not based on justice and propriety and legal certainty.