| Summary: | The research entitled Price adjustment on Building Chartering Agreement
Multi years Project in the Development of Main Stadium East Kalimantan purposes
to determine in which stage the possibility of price adjustment can be impleme nted in
the building chartering agreement multi years project in the development of Main
Stadium in East Kalimantan, and to understand the legal consequences that posed
from the imposition of price adjustment in the building chartering agreement multi
years project in the development of Main Stadium for both parties, the Government
of East Kalimantan, East Kalimantan Province and to The Contractors.
This research is an empirical legal research and normative legal research.
Empirical legal research is done through in-depth interview with the competent
informants persons and who is related to the issues, as well as the respondents to
obtain primary data. While the normative legal research by collecting legal materials
from primary, secondary, or tertiary. Data analysis techniques in this study is a
qualitative research method, the data are analyzed by the inductive method,
conclusions that have been analyzed, stated in the form of writing by descriptive
methods of reporting.
The result of research shows: First, price adjus tment should be performed on
the contractual stages for the parties because price adjustment should already have
agreed in their contract before. But because of arise cases like this, then the price
adjustment can be implemented at the time of post-contractual payment, even though
an agreement has been completed and has been carried out on the Final Hand Over
based on the Quantum Meruit Theory and the principle of proportionality. This is also
cannot be separated from the principle of good faith and justice. Second, the legal
consequences of price adjus tment due to the Government of East Kalimantan
Province, which is making payments for the price adjustment, if reluctant to pay, it
can be declared in default and The legal consequences for the Contractor gets a postcontractual
payments of price adjustment which is appropriate on the calculations of
Presidential Decree Number 80 of 2003 as the Guidelines for Government
Procurement, although there is no price adjustment agreement, better if the project be
completed. After the project finished, the contractor offer to get payment on price
adjustment to the government so deadlock does not occur during the execution of the
project.
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