SHEET COUNTRY
REPUBLIC OF INDONESIA
| No. 54, 1999 | (Explanation in Additional State Sheet of the Republic of Indonesia Number 3833) |
CONSTITUTION OF THE REPUBLIC OF INDONESIA
Number 18 YEAR 1999
ABOUT
CONSTRUCTION SERVICES
WITH THE GRACE OF THE ALMIGHTY GOD
PRESIDENT OF THE REPUBLIC OF INDONESIA,
.,, weighed: a. that national development aims to realize the equitable and prosperous societies that are evenly distributed materials and spiritues based on Pancasila and the Basic Law of 1945;
., b. That construction services are one of the major economic, social, and cultural activities that have an important role in the achievement of various targets in order to support the national development goals;
., c. that various applicable laws are not well-oriented to the interests of development of construction services in accordance with its characteristics, which results in the less bloating of the business climate in favour of increased power. Optimally, as well as for the benefit of the community;
., d. that under such consideration in the letter a, b, and c are required of the Law on Construction Services;
.,, Given: Section 5 of the paragraph (1), Section 20 of the paragraph (1), and Article 33 of the paragraph (1) of the Basic Law of 1945;
With Approval
THE REPUBLIC OF INDONESIA ' S REPRESENTATIVE COUNCIL
DECIDED:
Establish: LEGISLATION ON CONSTRUCTION SERVICES.
BAB I
UMUM PROVISIONS
Section 1
In this Act referred to:
., 1. Construction services are the services of a construction job planning consultancy, a construction work execution services service, and a construction job supervision consultancy services service;
., 2. Construction work is the whole or part of a series of planning and/or implementation activities and oversight that includes architectural, civil, mechanical, electrical, and environmental work, respectively, and their respective environments, and their respective practices and/or their respective practices. to realize a building or another physical form;
., 3. A service user is a person or entity as a taskmaster or job owner/project that requires a construction services service;
., 4. A service provider is an individual or entity whose business activities provide construction services;
. .5. A construction work contract is the overall document governing legal relations between the service users and the service provider in the holding of construction work;
., 6. The failure of the building is the state of the building, which, after being handed over by a service provider to a service user, becomes unfunctional both in whole and in part and/or does not comply with the provisions set forth in the contract of work. the construction or monitoring of which deviate as a result of the error of the service provider and/or the service user;
., 7. A construction service forum is a means of communication and consultation between a community of construction and government services concerning matters related to national, independent, and independent national construction services issues;
., 8. A registration is an activity to determine the competency of a particular skill and skill profession, individual persons and the business entity to determine the business permit in accordance with the classification and qualifications that are embodied in the certificate;
., 9. A construction planner is an individual person's service provider or an enterprise that is declared a professional expert in a construction service planning field capable of realizing work in the form of building planning documents or other physical forms;
., 10. A construction agency is a provider of individual person services or a body of enterprise which is declared a professional expert in the field of construction services capable of organizing its activities to realize a form of planning to form a form. buildings or other physical forms;
., 11. A construction supervisor is a provider of individuals or businesses who are considered professional experts in the area of supervision of a construction service capable of carrying out surveillance work since the beginning of the construction work until it is completed. And it was handed over.
BAB II
ASAS AND THE PURPOSE
Section 2
Construction services are based on honesty and fairness, benefits, greed, balance, independence, openness, partnership and safety in the interests of society, nation, and country.
Section 3
Construction services setup aims to:
., a., a. provide the direction of growth and development of construction services to realize sturdy, reliable, high-saing business structures and quality construction work outcomes;
., b. Establish an orderly conduct of a construction job that guarantees equal standing between the users of the service and the service provider in the rights and obligations, and increase compliance with applicable laws.
c. embody the increasing role of society in the field of construction services.
BAB III
CONSTRUCTION SERVICES ATTEMPT
The First Part
Types, Forms, and Fields of Business
Section 4
.,, (1) The type of construction services venture consists of a construction planning effort, a construction implementation effort, and a construction surveillance effort that are each executed by construction planners, construction executors, and construction supervisors.
.,, (2) Construction planning efforts provide planning services services in construction work that include a series of activities or parts of activities ranging from development studies to the drafting of construction work documents.
.,, (3) The construction of the construction implementation provides implementation services services in construction works that include a series of activities or parts of activities ranging from field preparation to the final submission of construction work.
.,, (4) The construction of the construction supervision provided the overall supervision services service as well as in part to the construction of construction work ranging from field inquiry to the final submission of the construction.
Section 5
(1) The construction services efforts can be in the form of an individual person or an enterprise entity.
., (2) The form of an individual person as contemplated in verse (1) as acting constructs can only carry out small-risk construction work, which is a simple technology, and a small, costly one.
.,, (3) The form of an individual person as referred to in verse (1) as a construction planner or construction supervisor can only carry out the work that matches the field of expertise.
.,, (4) Large or high-risk construction works and/or large-cost ones can only be performed by a limited liability-based enterprise or a foreign enterprise entity.
Section 6
The fields of construction services include architectural and/or civil and/or mechanical and/or electrical and/or environmental, respectively, and their respective environments, respectively, and their respective environments.
Section 7
The provisions of the type of effort as referred to in Article 4 of the paragraph (1), the form of an effort as referred to in Article 5 and the field of business as referred to in Article 6 are further set up with the Government Regulation.
The Second Part
The Terms of Effort, Skills, and Skills
Section 8
Construction planners, construction executors, and construction supervisors whose body-shaped work must be:
a. Comply with the terms of business licensing in the field of construction services;
., b. have certificates, classification, and qualifications of construction services companies.
Section 9
.,, (1) the construction plan and the construction supervisor of the individual persons must have a certificate of expertise.
.,, (2) the construction of individual persons constructs must have a work skills certificate and a work expertise certificate.
.,, (3) The individual persons employed by the ussaha Agency as a construction planner or a construction supervisor or a certain power in the construction of a construction executor must have a certificate of expertise.
.,, (4) The workforce that carries out the work of the diligence working on the construction executor must have a certificate of skill and work expertise.
Section 10
The provisions of business licensing, business classification, business qualification, skills certification and certification of work expertise as referred to in Section 8 and Section 9 are further governed by the Government Regulation.
The Third Part
Professional Responsibility
Section 11
.,, (1) The business entity as referred to in Section 8 and persons as referred to in Article 9 shall be responsible for the results of its work.
(2) The responsibility as referred to in paragraph (1) is the subject of the principles of expertise in accordance with the principles of scholarship, propriety, and intellectual honesty in exercising their profession in order to maintain the common interest.
., (3) To realize the responsibility of the responsibility as referred to in paragraph (1) and paragraph (2) can be reached by the mechanism of contemplating in accordance with the provisions of the applicable laws.
The Fourth Part
Enterprise Development
Section 12
.,, (1) The construction services effort was developed to realize a firm and efficient enterprise structure through a synergistic partnership between large, medium, and small businesses and between public, specialist, and certain skills.
.,, (2) Construction planning and construction supervision efforts were developed towards a general and specialist effort.
(3) Construction execution efforts are developed in the direction:
., a., a. A common and specialist effort;
B. A workman's business with a working skills.
Section 13
To develop a construction service effort is required support from venture partners through:
., a., a. expansion and increased access to funding sources, as well as the ease of requirements in funding,
., b. the development of a type of a dependents to address the risks arising and the responsibility of the law to other parties in the execution of construction work or the aftermath of building failure.
BAB IV
CONSTRUCTION JOB BINDING
The First Part
The Parties
Section 14
The parties in the construction work consist of:
a. service users;
B. services provider.
Section 15
.,, (1) The service user as referred to in Article 14 of the letter a, may appoint a representative to carry out its interests in construction work.
.,, (2) The service users must have the ability to pay for construction work costs supported with proof documents from banking institutions and/or financial institutions instead of banks.
.,, (3) The proof of payment capability as referred to in paragraph (2) may be realized in other forms agreed upon by considering the location, extent of complexity, cost magnitude, and/or building functions that are poured in the agreement written between the service users and the service provider.
.,, (4) If the service user is the Government, the proof of the ability to pay is realized in a document about the availability of the budget.
.,, (5) The service users must meet the completeness required to carry out the construction work.
Section 16
(1) The services provider as referred to in Article 14 of the letter b consists of:
., a., a. construction planner;
B. construction executor;
c. construction supervisor.
.,, (2) Service services conducted by the service provider as referred to in paragraph (1) are performed by each service provider separately in the construction work.
.,, (3) the planning services, execution, and supervision services services may be performed integrated with regard to the quantity of work or cost, use of advanced technology, as well as the greater risk for the parties or the common interest in one Construction work.
The Second Part
The Engagement of the Parties
Section 17
.,, (1) Engagement in the work relationship of construction services is conducted based on the principle of healthy competition through the selection of service providers by means of a general or limited auction.
.,, (2) Limited auctions may only be followed by the service provider declared to have passed the prequalification.
.,, (3) In certain circumstances, the designation of a service provider may be carried out by means of a direct election or direct appointment.
.,, (4) The selection of service providers should consider the suitability of the field, the balance between the ability and workload, as well as the performance of service providers.
.,, (5) The selection of a service provider may only be followed by a service provider who adheres to the requirements as referred to in Section 8 and Section 9.
.,, (6) The businesses that are owned by one or the same group of persons or are on the same task should not follow the auction for one construction work simultaneously.
Section 18
(1) The service user obligations in the engagement include:
.,
., a., a. publishes a document on the selection of a service provider that contains the complete, clear and correct conditions and can be understood;
., b. establish a service provider in writing as a result of election execution.
.,, (2) in the engagement, the service provider is required to draft a quote document based on the principle of expertise to be delivered to the service user.
.,, (3) Documents as referred to in paragraph (1) and paragraph (2) are binding for both parties and one of the parties cannot change such document unilaterally until signing a construction work contract.
.,, (4) the service users and service providers must follow up on the written assignment as referred to in paragraph (1) letter b with a construction work contract to guarantee the rights and obligations of a party that is fair and balanced as well as a gesture of good faith in the construction of construction work.
Section 19
If the service user changes or invalidate the written assignment, or the service provider resigns after the publication is referred to in Section 18 of the paragraph (1) letter b, and that it is proven to cause a loss for it. one of the parties, then the party that changes or invalidate the designation, or resigns are either subject to legal damages or may be legally prosecuted.
Section 20
Service users are prohibited from giving jobs to affiliated services providers to work on one construction job on location and in the same period without either a general auction or a limited auction.
Section 21
., (1) The provisions of the election as referred to in Article 17, Liability as referred to in Article 18, and the cancellation as referred to in Article 19 applies also in the engagement between the service provider and the subprovider of services.
., (2) The provisions of the manner of the selection of services providers as referred to in Article 17, the issuance of the document and the designation of service providers as referred to in Article 18 are further regulated by the Government Regulation.
The Third Part
Construction Work Contract
Section 22
.,, (1) The setting of a working relationship under the law as referred to in Article 18 of the paragraph (3) must be poured in the construction work contract.
.,, (2) the construction work contract at least must include the description of:
., a., a. The parties, which contain clearly the identity of the parties;
., b. the work formula, which contains a clear and detailed description of the work scope, job value, and execution time limit;
., c. the time of contemplating and/or maintenance, which contains about the term of the dependents and/or maintenance that is the responsibility of the service provider;
., d. expert power, which contains provisions about the number, classification and qualification of the expert power to provide construction work;
., e. the rights and obligations, which contain the right of the service of the services to obtain the results of the construction work and its obligation to fulfill the promised provision and the right of the service provider to obtain the information and rewards of services and its obligations. carrying out construction work.
., f. the way of payment, which contains provisions about the service of the service users in doing the payment of the construction job results;
., g. The injury of the appointment, which contains the provision of liability in which one party does not carry out its obligations as promised;
., h. dispute resolution, which contains the provisions of the manner of the resolution of the dispute due to disagreement;
., i. construction of a construction work contract, which contains the provision of construction work contracts arising out of being unable to comply with the obligations of any of the parties;
., j. state of force (force majeure), which contains provisions about events arising out of the will and the ability of the parties, which raises a loss for either party.
., k. building failure, which contains provisions about the service provider ' s obligations and/or service users for building failure;
., l. worker protection, which contains provisions about the parties ' obligations in the execution of safety and work health as well as social security;
., m. environmental aspects, which contain the obligations of the parties in fulfillment of the provisions of the environment.
.,, (3) The construction work contract for the planning work must contain provisions about the rights to intellectual property.
.,, (4) the construction work contract may contain the parties ' agreement on the granting of incentives.
., (5) construction work contracts for execution work activities, may load provisions about sub-providers of services as well as suppliers of materials and or components of buildings and or equipment that must meet the applicable standards.
.,, (6) Construction work contracts are made in Indonesian language and in terms of construction work contracts with foreign parties, it can be made in English and English.
., (7) The provisions of a construction work contract as referred to in paragraph (2) apply also in a construction work contract between a service provider and a service subprovider.
.,, (8) the terms of the construction work contract as referred to in paragraph (2), the rights to intellectual property as referred to in paragraph (3), the granting of incentives as referred to in paragraph (4), and regarding the supplier and/or component of the materials building and/or equipment as referred to in paragraph (5) is set further by the Government Regulation.
BAB V
Host
CONSTRUCTION WORK
Section 23
.,, (1) The construction of a construction work includes the planning and staging stage of the execution and its supervision, each of which takes place through the activities of the preparation, work, and termination.
.,, (2) The hosting work is required to meet the provisions of their work, security, safety and employment, the protection of the workforce, and the local environment in order to ensure the order of the work. Construction.
.,, (3) the parties to the terms of the provisions referred to in paragraph (1) must fulfill the obligations required to ensure the orderly conduct of the construction work as referred to in paragraph (2).
.,, (4) The event of construction work as referred to in paragraph (1) and paragraph (2) is further regulated by the Government Regulation.
Section 24
.,, (1) The service providers in the holding of construction work can use the subprovider of services that have specialized expertise in accordance with each of the construction work stages.
.,, (2) The subprovider of services as referred to in paragraph (1) must meet the requirements as referred to in Section 8 and Section 9.
.,, (3) Service Providers as referred to in paragraph (1) are required to fulfill the rights of the services subprovider as set forth in a construction work contract between the service provider and the subprovider of services.
., (4) The subprovider of services as referred to in paragraph (3) is required to fulfill its obligations as set forth in a construction work contract between the service provider and the subprovider of services.
BAB VI
BUILDING FAILURE
Section 25
.,, (1) Service users and service providers are required to be responsible for building failure.
.,, (2) The failure of the building to be the responsibility of the services provider as referred to in paragraph (1) is determined since the final submission of the construction work and the longest 10 (ten) years.
(3) The failure of the building as referred to in verse (2) is set by a third party as an expert assessor.
Section 26
.,, (1) If the building failure is caused due to the error of a planner or construction supervisor, and it is shown to pose a loss for other parties, then the planner or construction supervisor is required to be responsible accordingly. the field of the profession and subject to damages.
., (2) If the building failure is caused due to a construction error and it is proven to pose a loss for the other, then the construction executor is responsible in accordance with the field of effort and subject to it. Compensation.
Section 27
In the event of a building failure due to the failure of a service user in the management of the building and it poses a loss for the other, then the service user is required to be responsible and recharged.
Section 28
The terms of the term and of the expert assessor are referred to in Section 25, the responsibility of the construction planner, the executor, and the construction supervisor as referred to in Article 26 as well as the responsibility of the service users as meant in Article 27 set further with Government Regulation.
BAB VII
THE ROLE OF THE SOCIETY
The First Part
Rights and Obligations
Section 29
The public is entitled to:
a. exercise oversight to realize the orderly conduct of the construction services;
., b. obtaining a proper replacement for the loss experienced directly as a result of the construction of a construction job.
Section 30
Society is obligated:
., a., a. maintain order and meet the provisions applicable in the field of execution of construction services;
., b. It prevents the construction of a construction job that endangers public interest.
The Second Part
The Construction Services Society
Section 31
.,, (1) The construction services society is a part of a society that has interests and/or activities related to the efforts and work of construction services.
.,, (2) The role of the construction of a construction service society as referred to in verse (1) is exercised through a construction services forum.
., (3) The role of a construction service society role as referred to in verse (1) in carrying out the development of construction services is carried out by an independent and independent institution.
Section 32
.,, (1) The Forum as referred to in Article 31 of the paragraph (2) consists of elements:
., a., a. the association of the construction services company;
B. the association of the construction services profession;
c. association of the goods companies and services of the construction services business partner;
D. intellectual society;
., e. Related and related correctional organizations in the field of construction services and/or that represent the consumer of construction services;
f. Government agencies; and
G. Other elements are considered necessary.
.,, (2) The Forum as referred to in paragraph (1) has a wide-breadth opportunity to play a role in the attempt to grow a national construction service effort that serves to:
., a., a. hosting and channeling community aspirations;
., b. discussing and formulating the thinking of direction of national construction service development direction;
c. grows and blots the role of community surveillance;
., d. provide input to the Government in formulating settings, enablement, and oversight.
Section 33
.,, (1) The institution as referred to in Section 31 of the paragraph (3) of the vice-representative of:
., a., a. the association of the construction services company;
B. the association of the construction services profession;
.,, c. experts and colleges related to the field of construction services; and
D. Government agencies are linked.
(2) The task of the institution as referred to in paragraph (1) is:
., a., a. conducting or encouraging research and development of construction services;
B. hosting construction education and training services;
.,, c. perform construction labor registrations, which include classification, qualification and certification of work skills and expertise;
D. register a construction service business agency;
., e. encourage and enhance the role of arbitration, mediation, and expert assessor in the field of construction services.
.,, (3) To support its activities, the institution as referred to in verse (1) can enlist the acquisition of funds from the interests of the construction services community.
Section 34
The provisions of the forum as referred to in Article 32 and the institution as referred to in Article 33 are further set up with Government Regulation.
BAB VIII
COACHING
Section 35
.,, (1) The government conducts construction services coaching in the form of arrangements, empowerment, and oversight.
., (2) The settings as referred to in paragraph (1) are performed with the issuer of the laws and technical standards.
., (3) Empowerment as referred to in verse (1) is carried out against the efforts of construction services and the public to grow awareness of the right, obligations, and its role in the implementation of construction services.
., (4) The Oversight as referred to in paragraph (1) is conducted against the holding of construction work to guarantee the establishment of a construction service order in accordance with the provisions of the applicable laws.
.,, (5) The implementation of the coaching as referred to in paragraph (1) can be done together with the construction services society.
.,, (6) A portion of the coaching duties as referred to in paragraph (1) may be devolve to the Local Government that is set further by the Government Regulation.
BAB IX
DISPUTE RESOLUTION
The First Part
Common
Section 36
.,, (1) The completion of a construction service dispute may be reached by trial or outside the court based on the voluntary choice of the disputed parties.
.,, (2) The Settlement of the dispute outside the court as referred to in paragraph (1) does not apply to criminal acts in the holding of construction work as set in the Book of Criminal Law.
.,, (3) If selected for a dispute resolution attempt outside the court, a lawsuit through the court can only be reached if the attempt is declared not succeeded by either party or the disputable parties.
The Second Part
The settlement of the dispute outside the Court
Section 37
.,, (1) The completion of the dispute construction services outside the court can be taken to problems arising in the activities of increased and staging construction work, as well as in the case of building failure.
., (2) The completion of the construction services dispute as referred to in paragraph (1) may use third-party services, which are agreed upon by the parties.
., (3) Third Parties as referred to in paragraph (2) may be formed by the Government and/or the construction services society.
The Third Part
The society lawsuit
Section 38
.,, (1) The people who were harmed by the holding of a construction job are entitled to file a lawsuit against the court in advance:
., a., a. individual persons;
B. group of people with the granting of power;
c. group of people not by power through a representative lawsuit.
.,, (2) If it is known that the public suffers as a result of holding construction work in such a way that it affects the tree of community principal life, the Government is obliged to side with and be able to act for the benefit of the community.
Section 39
The lawsuit as referred to in Article 38 of the paragraph (1) is the charge to undertake certain actions and/or charges of real charges or expenses, by not closing the possibility of other charges in accordance with the provisions of the rules Applicable laws.
Section 40
The manner in which a public action lawsuit is referred to in section 38 of the paragraph (1) is submitted by individual persons, groups of people, or the penitentiary by referring to the Perdata Event Law.
BAB X
THE SANCTION
Section 41
The organizers of the construction work may be subject to administrative and/or criminal sanctions for violation of this Act.
Section 42
.,, (1) administrative sanctions as referred to in Section 41 which may be subject to the services provider:
., a., a. written warning;
B. a temporary halt of construction work;
c. restrictions on business activities and/or professions;
D. freezing the business permit and/or the profession;
e. revocation of business licenses and/or professions.
.,, (2) administrative sanctions as referred to in Section 41 which may be subject to the service users are:
., a., a. written warning;
B. a temporary halt of construction work;
c. restrictions on business activities and/or professions;
D. a temporary ban on the use of construction work;
e. freezing of the construction work execution permit;
f. the revocation of the construction work permit.
., (3) The provisions of the layout and the application of administrative sanctions as referred to in paragraph (1) and paragraph (2) are further regulated by the Government Regulation.
Section 43
.,, (1) Whoever does a construction job planning that does not meet the provisions of the perseverance and results in the failure of a construction job or the failure of the building to be penal for at least 5 (five) years in prison or subject to a fine At least 10% (ten per hundred) of the contract value.
.,, (2) any person who performs the execution of a construction work that is contrary to or not in accordance with the provisions set forth and resulting in the failure of construction work or failure of the building is subject to the most criminal Five (five) years in prison or subject to a fine of at least 5% (five per hundred) of the contract value.
.,, (3) Any person who performs the supervision of the execution of the construction work intentionally gives the opportunity to others who carry out the construction work performing deviations against the provisions of the perseverance and cause the onset of the construction. The failure of a construction job or the failure of a utility is sentenced to a maximum of 5 (five) years in prison or charged at most than 10% (ten per hundred) of the contract value.
BAB XI
THE TRANSITION PROVISION
Section 44
.,, (1) The provisions of the laws governing the existing construction services activities as long as not in conflict with this Act, are stated to remain in effect until the new implementation rules are held. The law.
.,, (2) The services providers who have acquired permissions in accordance with the field of their effort within 1 (one) year of the year adjust to the provisions in this Act, accounting since its promulgations.
BAB XII
CLOSING PROVISIONS
Section 45
Upon the expiration of this Act, the provisions of the laws governing the same and contrary to the provisions of this Act, are stated to be not applicable.
Section 46
This law starts in effect 1 (one) year counting since promultable.
In order for everyone to know it, order the invitational of this Act, with its placement in the State Sheet of the Republic of Indonesia.
.,, Dislocated in jakarta
on May 7, 1999
PRESIDENT OF THE REPUBLIC OF INDONESIA
BACHARUDDIN JUSUF HABIBIE
Promulgated in Jakarta
on May 7, 1999
MINISTER OF STATE SECRETARY OF STATE
REPUBLIC OF INDONESIA
AKBAR TANJUNG
ADDITIONAL
STATE SHEET RI
| No. 3833 | (explanation Of State Sheet 1999 Number 54) |
EXPLANATION
Above
CONSTITUTION OF THE REPUBLIC OF INDONESIA
Number 18 YEAR 1999
ABOUT
CONSTRUCTION SERVICES
I. UMUM
., l. In national development, construction services have an important and strategic role considering the construction of the construction of a building or other physical form, either the infrastructure or the means that function in support of the construction. the growth and development of various fields, especially the economic, social, and cultural spheres to realize the equitable and prosperous societies that are evenly materiel and spiritually based on Pancasila and the Basic Law of 1945. In addition to supporting various areas of development, construction services play in favor of growing and developing the various industries of goods and services required for the construction of construction work.
., 2. National construction services are expected to be increasingly able to develop its role in national development through improved reliability supported by sturdy enterprise structures and capable of realizing quality work construction work.
.,
., the reliability is reflected in the competitial power and the ability to host construction jobs more efficiently and effectively, while the firm's firm structure is reflected in the form of a synergistic partnership between the providers of the service, both. Large, medium, and small, and highly qualified, specialist, and skilled, and need to be realized as well as order of the construction of a construction service to ensure the equality of the service between the service users in the service. Rights and obligations.
., 3. This adult, construction services are an area of interest by members of the public at various levels as seen from the growing number of companies moving in the field of construction services.
.,
.,, the increase in the number of these companies has not been followed by the improvement of its qualifications and performance, which is reflected in the fact that the quality of the product, the timeliness of execution, and the efficiency of the utilization of human resources, capital, and The technology in the construction of construction services is not as expected.
.,, this is due to the requirements of the effort as well as the skill and skill requirements and skills have not been directed to realize the reliability of a professional effort.
.,, with that level of qualification and performance, in general the market share of high-tech construction jobs is not yet fully controlled by the national construction services effort.
.,, the awareness of the law in the holding of construction work needs to be improved, including the compliance of the parties, namely the service users and service providers, in the fulfillment of its obligations as well as the fulfillment of the provisions associated with the security aspects, safety, health, and the environment, in order to be able to realize quality buildings and being able to function as planned.
., on the other hand, the public awareness of the benefits and significance of the construction services still need to be developed to be able to support the establishment of order in the implementation of the construction work optimally.
.,, the condition of these adult national construction services as reflected in the description above is caused by two factors:
a. internal factor, i.e.:
.,
., 1) in general national construction services still have flaws in management, technology mastery, and the application, as well as the limitations of experts and skilled power;
., 2) The structure of the national construction services is not fully organized and firmly reflected in the fact that it has not yet been established by the synergistic partnership between the providers of the services in various classifications and/or qualifications;
B. external factor, i.e.:
.,
.,, 1) the equivalency of a working relationship between a service user and a service provider;
., 2) has not yet established the support of various sectors directly or indirectly that affect the performance and reliability of national construction services, among other access to the application, the development of the skill profession and the skill profession, Standard availability of materials and building components;
.,, 3) has not yet been held on the development of construction services nationally, still partial and sectoral.
., with all the limitations and weaknesses that it has, in the last two quartz, national construction services have become one of the potential National Development in support of the expansion of the field of effort and employment opportunities as well as upgrades. State acceptance. Thus the potential for these national construction services is to be grown to be more capable of playing a role in national development.
., 4. In line with the increasing demands of the people, the expansion of the scope, quality of outcome and order of development, has brought the consequences of increasing complexity of construction work, demands for efficiency, orderly conduct, and quality of results. Construction work. In addition, the world economic system has mandated an increasingly open international economic cooperation and provides a growing number of opportunities for national construction services.
.,
.,, both phenomena are a challenge for national construction services to improve its performance to be able to compete professionally and be able to deal with the dynamics of both internal and foreign market development.
. .5. The increase in the ability of national construction services requires a conducive to a conducive climate, namely:
., a., a. the creation of business links, including:
.,
.,, 1) the business requirements governing the classification and qualifications of the construction services company;
.,, 2) standard classification and qualification skills and skills that govern the field and level of individual ability that works on a construction service company or that is performing an individual's business;
., 3) the professional responsibility of which is the responsibility of the liability for its work;
.,, 4) The form of protection for construction workers including: health and work safety, as well as social security;
., .5) the convening of an open and fair binding process, which is on the floor by healthy competition;
., 6) the fulfillment of a construction work contract on the principle of equality between the parties in the rights and obligations in an open, reciprocity, and synergistic relationship atmosphere that allows the parties to sit down self at its respective functions consistently;
B. effort development support, including:
.,
., 1) The availability of a petition includes contemplation corresponding to the characteristics of a construction service effort;
., 2) to comply with the terms of quality assurance;
., 3) the functioning of the company association and the association of the profession in meeting its members ' interests including champing the provision of fair service imbations;
., c. the growing number of public participation, namely: the onset of public awareness will drive the form of a construction service orderly as well as being able to actualize the rights and its obligations;
., d. The setting up, enablement, and supervision performed by the Government and/or the Construction Services Community for the parties in the staging of construction work to be able to meet the various conditions required or Promised obligations;
., e. The need for a Construction Services Society with an element of corporate association and the association of the profession forms an institution for development of construction services
., 6. To improve national potential empowerment optimally in the holding of construction work, service users and service providers need to priorite the use of national/domestic production services and goods as mandated by the The laws regarding small businesses.
., 7. To develop construction services as described above requires a planned, unified, unified, and thorough construction of construction services in the form of the Act as a legal basis.
., 8. Legislation on the Construction Services governing on general provisions, construction services efforts, construction job engagement, construction of construction work, building failure, community role, coaching, dispute resolution, sanctions, provisions The transition, and the closing provisions.
.,
.,, the setting is based on principles of honesty and fairness, benefits, greed, balance, independence, openness, partnership, and security and safety for the benefit of the people, nation, and country.
., 9. Under the Law on the Services of this Construction, then all construction services undertaken in Indonesia by service users and services providers, both national and foreign, are required to comply with all of the provisions set forth in the Act. About the Construction Services.
., 10. With the Law on the Services of the Construction, it becomes the basis to adjust the provisions set forth in other relevant laws that are not appropriate. This Act has the relationship of complementarity with other laws, among others:
., a., a. Governing legislation on the safety of work;
B. Legislation governing about the mandatory listing of the company;
C. The laws governing about the industry;
D. Legislation governing about composure;
e. Governing legislation on trade and industrial rooms;
f. Governing legislation on the health of work;
G. Legislation governing the perinsurance efforts;
h. Legislation governing the social security of the workforce;
i. The legislation governing limited liability is limited;
J. Governing legislation on small businesses;
No, Governing legislation on copyright;
I. Governing legislation on patents;
M. Governing legislation on the brand;
N. Governing legislation on the management of the environment;
O. Legislation governing the employment of employment;
p. Governing legislation on banking;
Q. Governing legislation on consumer protection;
., r. Legislation governing the prohibition of monopolies practice and competition of unsanitary efforts;
., s. Legislation governing the arbitration and alternative choice of dispute resolution;
No. The laws governing the arrangement of space.
II. SECTION BY SECTION
Section 1
.,, Figure 1
., in the construction services there are two (two) parties that hold a legal working relationship that is a service user and a service provider.
Number 2
.,, architectural work includes among other things: the processing of shape and building times based on the function as well as the requirements required of any construction work.
Civil works include: port, airport, railway road, coastal security, shipping channels, dams, tunnels, buildings, roads and bridges, swamp reclamation, plumbing work, employment The numbering, and the opening of the land.
Mechanical and electrical work is the installation work of industrial engineering products.
Mechanical work includes: the installation of the turbine, the establishment and installation of the plant installation, the completion of the building installation, the installation work of water, oil, and gas.
Electrical work includes: transmission of electrical transmission and distribution networks, installation of electrical installations, telecommunications, and its agility.
Environmental work includes: the work of processing and the final arrangement of the building and its environment.
A building is the physical form of a construction work that is fused to the position of the good standing above, below ground and/or water.
In the sense of blending with the place of the position of the feeding seat that the process process is done through the holding of construction work.
It is necessary to pay attention to the presence of horizontal separation in the possession of the right of the land to the building above it, as the laws of the law are held in the Constitution. about agrarian.
The results of this construction work may also be in other physical forms: documents, plan drawings, technical drawings, spatial layout in (interior), and outer space layout (exterior), or destruction of building (demolition).
Figure 3
.,, the sense of individual persons is a citizen, both Indonesian and foreign. Body sense is the body of enterprise and is not a business entity, both Indonesian and foreign.
Enterprise entities may be legal entities, among others, Limited Perseroan (PT), Ksurgeries, or not legal entities, among others: CV, the Firm.
A body that is not a legal body-shaped entity, among other agencies and Government institutions.
A job owner/project is a person or body who has a job/project that provides funds and is responsible for the fund.
Figure 4
.,, the sense of the individual person and the enterprise, the explanation is the same as the explanation for the number 3.
In the implementation of the construction work the service provider can serve as a service subprovider of other service providers that serve as the primary service provider.
Number 5
.,, pretty clear
Figure 6
.,, the fault of the service provider is the deeds done consciously and premeditated or as a result of ignorance or the deviation that deviates from the construction work contract so that it causes a loss.
The error of service users is the work caused by the management of buildings that are not compatible with their function.
Figure 7
.,, pretty clear
Figure 8
.,, pretty clear
Figure 9
.,, pretty clear
Figure 10
.,, pretty clear
Figure 11
.,, pretty clear
Section 2
,, Asas Honesty and Justice Asas Honesty and Justice contain a sense of awareness of its function in the establishment of a construction service and is responsible for fulfilling various obligations in order to obtain its rights.
For the benefit of the benefit of the understanding that all activities of the construction work must be exercised based on the principles of professionalism in the ability and responsibility, efficiency and effectiveness that can guarantee the value of value add the optimal for the parties in the holding of construction services and for the national interest.
The World's Greed Greed contains a sense of harmony in the interaction between a service user and a service provider in the event of an environment-insightful construction job to produce a quality and rewarding product. high.
Asas equilibrium balance contains the understanding that construction work must be based on the principle that guarantees the balance between the ability of the service provider and its workload. Service users in establishing a service provider are required to comply with this principle, in order to ensure the selection of the most suitable service providers, and on the other hand may provide proportional leveling opportunities in employment opportunities for service providers.
The self-reliance Asas of the Self-Independence contains a growing sense of growing and growing the power of national construction services.
Asas openness of the principle of openness contains the understanding of the availability of information accessible so as to provide opportunities for the parties, in the form of transparency in the holding of construction jobs that allow the parties to be able to access the information. carrying out the obligation optimally and the certainty of the right and to acquire it and allow for correction so that it may be avoided by varying flaws and irregularation.
The Partnership Asas Partnership contains the understanding of the relationships of harmonious, open, reciprocity, and synergistic relationships.
Security and Safety Asas of Safety and Safety contain an orderly understanding of the implementation of construction services, environmental security and work safety, and the utilization of construction of construction work with regard to the use of the construction work. General interest.
Section 3
.,, the letter a
.,, construction services have a significant and strategic role in the national development system, to support the different areas of community life and to grow the various industries of goods and services that are required in the event. Construction work.
Letter b
.,, pretty clear
Letter c
.,, the role of society includes either a direct role as a provider of services, service users, and the sweetening of construction work results, or roles as citizens who are obligated to carry out the supervision to enforce the order to establish the construction of construction services and protect the general interest.
Section 4
.,, Verse (1)
.,, pretty clear
Verse (2)
.,, construction planning work can be carried out in a single package of activities ranging from development studies to the drafting of construction work contracts or the persection of activities.
The development study includes studies of insepsion, the study of physicability, drafting of the framework of proposals.
Verse (3)
.,, construction of construction execution can be held in a single package of activities ranging from field inquiry to the end result of work or per part of activities.
Verse (4)
.,, pretty clear
Section 5
.,, Verse (1)
.,, pretty clear
Verse (2)
.,, the work restrictions that individuals may do to provide protection against the parties and the public at the risk of construction work.
Verse (3)
.,, pretty clear
Verse (4)
.,, pretty clear
Section 6
.,, pretty clear.
Article 7
.,, pretty clear.
Article 8
.,
., a., a. The function of licensing that has a public function, intended to protect the public in the effort and/or construction services work.
., b. The standard of classification and qualifications of work expertise is the recognition of the level of work expertise of each national and foreign enterprise working in the field of construction services. The recognition is obtained through exams conducted by the bodies/agencies charged for carrying out such tasks. The process for obtaining such recognition is performed through the registration activities, which include: classification, qualification, and certification. It is thus the only agency that has the certification allowed to work in the field of construction services.
The implementation of small-scale construction services essentially involves the service users and service providers of individual persons or small businesses.
For the order of the establishment of a provision of construction services, such as the certification of the expert power must remain fully fulfilled depending on the local conditions.
However the application of the binding provisions may be simplified and the selection of service providers may be conducted by means of a direct election or direct appointment under the provisions of Article 17 of the paragraph (3).
Article 9
.,, (paragraph 1, paragraph 2, paragraph 3 and paragraph 4)
., a., a. The standard classification and qualification of work skills and work skills are the recognition of the working skills of the working skills and the work skills of each person working in the field of construction services or individual working persons.
The recognition is obtained through exams conducted by the bodies/agencies charged for carrying out such tasks. The process for obtaining such recognition is performed through a registration event covering: classification, qualification and certification. Thus only individuals who have such certificates are permitted to work in the field of construction services.
., b. Standardization of classification and qualifications of skill and work expertise aims to form the standard of work productivity and the quality of work with regard to standard imbal services, as well as the ethical code of the profession to encourage growing and It's a professional responsibility for the development.
., c. The implementation of the certification provisions in particular verse (4) is implemented gradually in accordance with the state of the national construction workforce and the level of its ability to be given the ability of the relief.
Article 10
.,, pretty clear.
Article 11
.,, Verse (1)
.,, pretty clear
Article 10
.,, pretty clear.
Article 11
.,, Verse (1)
.,, pretty clear
Verse (2)
.,, pretty clear
Verse (3)
.,, the mechanism of contemplating is meant to be done through among other insurance systems. In addition to fulfilling the responsibility of the service user, administrative sanctions are subject to the profession.
Article 12
.,, Verse (1)
., with this approach expected to materiel restructuring the field of construction services that support the efficiency of the effort, due to the ability of the service providers both on a scale of effort and the qualifying efforts will fill in a synergistic partnership. and its complementary, because it requires each other, which in its transactional relationship is on the basis of equality in rights and obligations.
Verse (2)
.,, in the development of such efforts, it is possible to grow services among others in the form of project management, construction management, as well as other forms of service according to the demands and growth of the construction services world.
Verse (3)
., the same as the explanation of the verse (2).
Article 13
.,, the funding of capital for investment and working capital can be obtained through financial institutions consisting of banks or not banks as venture partners.
To address the risks arising out of and the liability of the law to other parties may be reached by dependents with other business partners: Warranty of the offering, warranty of execution, guarantee of advance, Social Security assurance, Construction All Risk Insurance, Professional Liability Insurance, Professional Indemnity Insurance.
In addition, construction services also require the support of information sources regarding the availability of equipment, materials and building components.
Section 14
.,, pretty clear.
Article 15
.,, Verse (1)
.,, referred to as "representative" is an individual person or legally authorized body to act on behalf of the service users in full or limited in conjunction with the service provider.
The deputy's appointment does not release the responsibility of the service's users for all obligations in the construction work which must be met with the service provider.
Verse (2)
.,, pretty clear
Verse (3)
., referred to as "proof of the ability to pay in other forms" among other guarantees in the form of moving goods and/or not moving.
Verse (4)
.,, pretty clear
Verse (5)
.,, referred to as "the required completeness" is a variety of captions and permissions that the service users must have required to carry out the construction work.
Section 16
.,, Verse (1)
.,, pretty clear
Verse (2)
.,, pretty clear
Verse (3)
.,, the combination of these three functions is known among others in the model of combining planning, procurement, and incorporation of (engineering, procurement, and construction) as well as a merger model of planning and construction (design and build) by still ensuring its form is efficiency.
Construction work implemented in general is complex, requiring advanced technology as well as such as: the construction of oil refineries, power plants, and nuclear reactors.
In the selection of the services provider for the job above, it remains mandatory following the binding provisions as set out in Article 17.
Section 17
.,, Verse (1)
.,, the Engagement is a process by which users of services and service providers are at an equal footing in achieving a deal to carry out construction work. In each stage the process is assigned the rights and obligations of each party ' s fair and serment accompanied by sanctions.
The principle of healthy competition contains notions, among other things:
a. It is a position that is equal to the user of jada and the service provider;
., b. Comply with the terms of the IBM Cloud Service and the terms of the IBM International Terms of Service.
.,, c. there is an opportunity to participate in any healthy competition stage for the service provider in accordance with the capabilities and conditions required;
., d. the overall understanding of the principle of healthy competition in letters a, b, and c is poured in a clear, complete document, and is well known by all parties as well as binding.
With elections on the basis of the principle of healthy competition, the service users get a reliable provider of services and have the ability to produce qualified construction or building plans in accordance with the cost of time and cost. Set. On the other hand is an attempt to create a climate of enterprise that supports growing and growing service providers who are increasingly qualified and able to compete.
Elections based on healthy competition are conducted in general, limited, or direct. In the general auction of each service provider who meets the requested qualifications can follow suit.
Verse (2)
.,, pretty clear
Verse (3)
.,, certain circumstances include:
1. Emergency handling for the safety and safety of the community;
.,, 2. Complex jobs that can only be implemented by a very limited service provider or can only be done by the holder;
., 3. Work that needs to be kept secret, which concerns the safety and safety of the country;
4. Small-scale work.
Verse (4)
.,, Perscales between the suitability of the field and the balance between the ability and workload as well as the performance of the services intended to be the chosen service provider to actually have the qualifications and classification as requested and have. a real ability to carry out work.
Verse (5)
.,, pretty clear
Verse (6)
.,, pretty clear
Article 18
.,, Verse (1)
.,, the letter a
.,, pretty clear
Letter b
.,, pretty clear
Verse (2)
., referred to as "the principle of expertise in compiling a quote document" is by heeding the principles of professionalism, suitability, and fulfillment of the provisions as it is in the election document and such documents may be subject to liability. Answer me.
Verse (3)
.,, referred to as "binding", is that the materials listed in the offering document delivered the service provider, or election documents published by the service users are not allowed to be changed unilaterally since the delivery of the IBM Cloud Service offering. The quote document, until it is written in writing.
Verse (4)
.,, pretty clear
Section 19
.,, pretty clear.
Section 20
.,, referred to as "affiliated companies" is a company whose body shares are owned by one parent company. The granting of employment to an affiliated service provider with such service users can be justified if the election is based on the auction process as referred to as Article 17.
Section 21
.,, Verse (1)
., basically the subprovider of services is a service provider. Therefore, as the treatment of providers serving as a provider of public services, the subprovider of merit has the same obligation to carry out construction work through healthy competition according to the ability of the service. and the provisions required.
Ayar (2)
.,, pretty clear
Article 22
.,, Verse (1)
.,, pretty clear
Verse (2)
.,, the letter a
.,, referred to as "the identity of the parties" is the name, address, citizenship, authority of the signing, and domicile.
Letter b
.,, the scope of work includes the following:
.,, 1) the volume of work, which is the quantity of work that must be implemented including the volume of jobs added or less. In holding a change in the volume of work, the amount of volume changes that do not require the parties ' approval first.
.,, for planning and supervising work, the work scope can be a report of mandatory construction work results which are the work progress that is poured in the form of written documents.
.,, 2) The administration requirements, i.e. procedures that the parties must fulfill in holding an interaction.
.,, 3) The engineering requirements, i.e. the compulsory retainer provisions are met by the service provider.
., 4) Perdependents or guarantees that are a form of protection among other things for the execution of work, acceptance of advance, accidents for labor and society. Such protection may be either insurance or guarantee issued by a bank or an institution instead of a bank.
., .5) The results of the construction work results, which are the results of the work progress poured in the form of written documents.
The value of the job, which is the amount of quantity of the fee to be received by the service provider for the overall execution of the work scope
The time limit for execution is a term to complete the overall scope of the work including the maintenance period.
The letter c and d
.,, pretty clear
Letter e
., referred to as "information" is a complete and correct document that must be provided by a service user to the service provider in order to perform the work in accordance with its duties and obligations.
The document, among other things, includes the permission to establish a building and document the submission of field use for the building and its facilities.
Letter f
.,, Payment may be conducted periodically, or on the basis of the percentage level of the progress of the job execution, or the way the payment is performed at once after the project is completed.
The letter g
.,, Cidera appointment is a state if one of the parties in the construction work contract:
1) does not do what is promised; and/or
.,, 2) carry out what was promised, but not according to the promised; and/or
3) do what is promised, but it is too late; and/or
4) did something that the agreement should not do.
It is the responsibility of the person who is in charge of compensation, reimbursed expenses and or extensions of time, repairs or reimplementation of the work that is not in accordance with what is promised, or the provision of damages.
Letter h
.,, the Completion of disputes contains provisions on the event of a dispute resolution resulting from another by disagreement in terms of understanding, interpretation, or execution of various provisions in the construction work contract as well as provisions about the place and manner of completion.
The settlement of disputes is passed through other deliberations, mediation, arbitration, or courts.
Letter i
.,, pretty clear
The letter j
.,, circumstances force include:
., 1) the absolute (absolute) state of force that the parties do not, may exercise their rights and obligations;
., 2) the state of force that is not absolute (relative), that the parties are still possible to exercise their rights and obligations;
The risks caused by the state of force can be promised by the parties, among other things, through the institution of dependents (insurance).
Letter l
.,, the protection of workers is tailored to the provisions of legislation concerning safety and health work, as well as legislation on social security guarantees.
Letter m
.,, aspects of the environment include provisions of legislation regarding environmental management of the living.
Verse (3)
., intellectual property is the result of a construction planner's innovation in an execution of a construction work contract either the shape of the final outcome of the planning and/or its parts whose ownership can be promised.
The use of the patented intellectual property must be protected in accordance with applicable laws.
Verse (4)
., referred to as "incentive" is the award given to the service provider for its achievements, among other things, the ability to complete the job earlier than promised by keeping the quality appropriate to the one Requires.
Incentives can be either money or other forms.
Verse (5)
.,, pretty clear
Verse (6)
.,, pretty clear
Verse (7)
.,, pretty clear
Verse (8)
.,, pretty clear
Section 23
.,, Verse (1)
.,, the Tahapan in the staging of construction work is planning which includes: wealth infrastructure, feasibility study, general planning, and engineering planning; and the implementation of its supervision, including: physical execution, surveillance, test, and handover of buildings.
Activities in each stage of the construction work include:
., a., a. Preparation, which is the initial activities of the construction work to meet the various requirements required in the start of a planning job or physical execution and supervision;
B. works, that is:
.,
., 1) in the planning phase, is a series of activities that result in various reports of eligibility levels, umum/parent plans, and technical plans;
.,, 2) in the staging stage, it is a series of physical execution activities and its supervising that produces buildings;
., c. termination, i.e. activities to complete the holding of construction work.
.,
.,, 1) in the planning phase, with the approval of the final report and the final payment of the final payment;
.,, 2) in the stages of execution and surveillance, with the hand of the final surrender of the building and the repayment of the final payment.
Verse (2)
.,, the provisions of the purified include: building construction standards, quality of job outcomes, materials quality standards and or building components, and equipment quality standards.
The provisions of employment include: the standard requirements of expertise and skills that include the fields and the level of expertise as well as the skills required in the execution of construction work.
Verse (3)
.,, Liability of the parties in the holding of construction work:
a. In preparation activities:
., 1. service users, among others:
.,
.,, a) cees field documents for the execution of construction, and facilities as specified in a construction work contract;
., b) pay the advance on the surrender of the advance payment of the service provider if promised.
2. Service providers, among other things:
.,
., a) relayed the work plan and job responsibility to obtain the service user approval;
b) provide the advance guarantee of the service user if promised;
., c) proposes a prospective subprovider of services and suppliers to obtain the service user approval if promised.
B. In the work activities:
., 1. service users, among others:
.,, fulfill its responsibility in accordance with the contract of work and assumes all risks for the unrighteousness of the request, the determination of which he is accused of in the contract of work;
2. Service providers, among other things:
.,, study, research work contracts, and carry out fully all engineering and administrative contract materials, and bear all the risk of its conduct.
C. In the event of termination:
., 1. service users, among others:
.,, fulfill its responsibilities under a contract to a service provider who has successfully terminated and exercised the final technical and administrative submission to the service users in accordance with the employment contract.
2. Service providers, among other things:
.,, carefully researched the overall work as well as done well before submitting the final handover to the service user.
Verse (4)
.,, pretty clear
Section 24
.,, Verse (1)
.,, the inclusion of subprovider services is limited by the presence of job demands that require special expertise and is taken by subcontracting mechanisms, by not reducing the responsibility of the service provider to the rest of its work.
The part of the work to be implemented the services subprovider must have the consent of the service user.
The inclusion of subproviders is aimed at providing opportunities for the subprovider of services that have specific expertise through the mechanisms of association with service providers.
Verse (2)
.,, pretty clear
Verse (3)
.,, the rights of a service subprovider, among other things is the right to receive payment in a timely and exact amount that must be guaranteed by the service provider. In this case, the service users have an obligation to monitor the implementation of the fulfillment of the rights subprovider by the service provider.
Verse (4)
.,, pretty clear
Section 25
.,, Verse (1)
.,, pretty clear
Verse (2)
.,, pretty clear
Verse (3)
.,, the failure of construction work failures by a third party as an expert assessor is intended to maintain objectivity in the assessment and the designation of a failure of the construction work.
An expert assessor consists of an individual person, or a group of people or institutions agreed upon by the parties, who are independent and are capable of objectively and professionally.
Article 26
.,, Verse (1)
.,, the implementation of the remedies can be done through the mechanism of dependents whose treatment is adjusted to the development rate of a dependable system for planners and construction supervisors.
Verse (2)
.,, the construction responsibility of the construction in the field of effort is imposed to the constructs as well as the sub-acting constructs in the form of administrative sanction at the rate of error.
The amount of compensation that is responsible for the construction of the construction in terms of the failure of the construction work is taken into account by considering another rate of failure.
The exercise of restitution can be done through the mechanism of dependents whose treatment is adjusted to the level of development of a dependable system for the construction of the construction.
Section 27
.,, See the explanation of Article 25 of the verse (3).
Article 28
.,, pretty clear.
Article 29
.,, the rights of the public in the conduct of surveillance, whether in the planning phase, job execution and supervision, and the utilization of the results.
The appropriate replacement is given to the disadvantaged as long as it can prove that it is directly harmed as a result of planning, execution, and oversight of construction work activities based on the provisions of the regulations Applicable laws.
Article 30
.,, the obligation is to contain the feeding that each person participates in maintaining order and fulfils the provisions that apply in the field of construction services.
Article 31
.,, pretty clear.
Section 32
.,, Verse (1)
.,, the Association of construction services companies, is one or more of the organization ' s organization and or the set of entrepreneurs who move in the field of construction services to fight for the interests and aspirations of its members.
The association of the construction services profession, is one or more of the individual organizations or organizations, on the basis of scientific discipline in the field of construction or the similarity of professions in the field of construction services, in the effort to develop expertise and expertise. fight for member aspirations.
The association is independent, independent and has as well as upholding the profession ' s code of conduct.
The business partner association of goods and services companies are individuals or businesses whose business activities are in the field of providing goods or services either directly or indirectly in support of the construction services.
Representatives of government agencies sitting in a construction service forum are officials appointed by government agencies who have the task and function of coaching in the form of empowerment and oversight in the field of construction services.
The role of the Government in the coaching of construction services is still dominant, with this Act, the development of the construction services effort submitted entirely to the community of construction services.
In the early stages of implementation of this Act the Government ' s role is still required to:
a. take initiative/initiative in realizing the role of ferum;
., b. Provide support facilities including funding to allow for the purpose and function of the role of the construction services society.
Verse (2)
.,, pretty clear
Section 33
.,, Verse (1)
.,, the Vice-instance of the Government sitting in an institution is the one appointed by the instance of the task and the coaching function in the construction services field.
In realizing the role of the institution, in the early stages the Government can take the initiative in establishing the establishment of the institution, as well as providing the support of the facilities including its operating funding.
Verse (2)
.,, the letter a
.,, Development of construction services carried out by the intended agency, among others:
.,, 1) in order for service providers to meet national, regional, and international standards;
.,, 2) encourages service providers to be able to compete in both national and international markets;
3) developed a construction services information system.
Letter b
.,, pretty clear
Letter c
.,, pretty clear
Letter d
.,, pretty clear
Letter e
.,, pretty clear
Verse (3)
.,, pretty clear
Article 34
.,, pretty clear.
Section 35
., (paragraph 1, paragraph 2, paragraph 3, paragraph 4, paragraph 5, verse 5, and paragraph 6)
., a., a. Given the role of construction services in national development, nor in support of the expansion of opportunity and employment opportunities, as well as given the Government's obligation to protect the interests of the public and national interests in general, then The government is obligated to undertake coaching on construction services.
., b. Coaching that includes setting, empowerment, and oversight, is carried out by the Government against:
.,, 1) construction services, with the purpose:
.,
., a) cultivates understanding and awareness of its strategic role in the implementation of national development that brings the consequences of the national rights and obligations to which it shall abide;
., b) encourages the service provider to improve its ability, either directly or through association, in order to be able to fulfill its rights and obligations;
., c) guarantee the provision of obligations under applicable provisions so that it promotes the establishment of a construction and orderly conduct of a construction job.
2) the service user, with the purpose:
.,
., a., a. foster understanding and awareness of the task and function and its rights and obligations in the engagement and the holding of construction work;
., b. Ensure compliance with applicable laws and regulations applicable to the Cloud Service.
3) society, with the purpose:
.,
., a., a. growing understanding of the strategic role of construction services in the implementation of national development;
., b. Growing awareness of the right and its obligation to achieve an orderly construction of a construction service, an orderly holding of construction work, and in utilizing construction work;
., c. in its implementation, coaching can be carried out by the Government through an activity in the form of forums and agencies.
.,, the Forum is a facility and/or means to encourage optimal utilization and supervision of the hosting of national construction services for society in general and or the construction services society in particular.
The institution is a platform for the development of construction services development.
Some of the coaching that the Government is doing can be devolve to the Local Government.
Section 36
.,, Verse (1)
., the provisions of this verse are intended to protect the rights of the disputing parties.
Verse (2)
.,, pretty clear
Verse (3)
.,, the provisions of this verse are intended to prevent a different ruling regarding a dispute over a construction service to ensure legal certainty.
Section 37
.,, Verse (1)
.,, the provisions of this paragraph to emphinate that a dispute over construction services may occur on the activities of the parties in the holding of construction work.
Verse (2)
., on the way with the provisions of the construction work contract the parties have agreed that the dispute between them may be resolved by using third-party services in accordance with the applicable provisions of arbitration and alternatives. Dispute resolution options.
Such third-party appointments can be done before a dispute occurs, i.e. by signing it and listing it in a construction work contract.
in the event of a third party designation done after the dispute occurs, it must be agreed upon in a written deed signed by the parties under the applicable law.
Such third party services are included: the arbitration of either a national or an international, mediation, conciliation or expert assessor.
Verse (3)
.,, pretty clear
Article 38
.,, Verse (1)
., referred to as "the right to submit a representative lawsuit" in this paragraph is the right of a small group of people to act on behalf of a large number of people who are harmed on the basis of similarity of problems, legal factors and provisions. Due to the loss or disruption as a result of the activities of the construction work.
Verse (2)
.,, pretty clear
Article 39
.,, specifically the representative lawsuit filed by the public cannot be the charge of paying damages, but only limited another lawsuit, that is:
., a., a. begging the court to be either party to the construction of a construction job to perform certain legal actions relating to its obligations or the purpose of a construction work contract;
., b. said one person (one of the parties) had committed a unlawful deed for violating a deal that had been set together in a construction work contract;
., c. ordered a person (one of the parties) who undertook the construction of a construction service to make or repair or hold a rescue for the construction services workers.
In the event of a "real cost or expenditure" is a real charge that can be proven to have been issued by the public in relation to the activities of the construction work.
Section 40
.,, pretty clear.
Section 41
.,, pretty clear.
Article 42
.,, Verse (1)
.,, pretty clear
Verse (2)
.,, pretty clear
Verse (3)
.,, pretty clear
Article 43
.,, pretty clear.
Section 44
.,, Verse (1)
.,, pretty clear
Verse (2)
.,, pretty clear
Section 45
.,, pretty clear.
Section 46
.,, pretty clear.
