JAMINAN KEPASTIAN HUKUM DALAM PENYELESAIAN SENGKETA BIDANG JASA KONSTRUKSI DI INDONESIA MELALUI BANI (KHUSUSNYA SUMBER DANA PEMERTNTAH DAN BUMN)
The Research aims to determine the legal certaintyin the proceedingand the execution of BANIAward, know the legal and technical constraints in construction dispute resolution through BANI. This research is anempirical descriptive legal research. Primary data is taken directly from the respondents an...
| Main Authors: | , |
|---|---|
| Format: | Thesis |
| Published: |
[Yogyakarta] : Universitas Gadjah Mada
2014
|
| Subjects: |
| Summary: | The Research aims to determine the legal certaintyin the proceedingand the
execution of BANIAward, know the legal and technical constraints in construction
dispute resolution through BANI.
This research is anempirical descriptive legal research. Primary data is taken
directly from the respondents and interviewees. Secondary data were obtained from
the literature related to research the title and subject matter.
Research concluded that the proceeding in construction dispute resolution
through BANIwhich Project Funding by Governmentand State Owned Company
have provided legal certainty for the related parties while theexecution of BANI
Award not provide legal certainty which related to the existence of some legal and
technical constraints.
Legal constraints faced by parties in the construction dispute resolution
through BANIthat it has not authorized to have the bailiff so it does not have the
power to carry out executions and the existence of regulations that state assets should
not be seize. For technical constraint is the competence of the Government Officer /
State Owned Company Officer still lacking in terms of the construction contract
administration , construction laws and regulations regarding the settlement of
disputes by Arbitral Institution . |
|---|