CONSTRUCTION WORK COMMITMENTS

Essays by Peri Farouk

There are important things that we can get to the effectiveness of our day-to-day work of our
examination of the Draft Law on Construction services (bill-JK), ie ideas about the agreement
that governs the legal relationship between the giver and the giver Services Task. Apart from
the passing of the bill has not become law, we can learn a lot from the idea, at least as a
material to enlarge our attention will be the priority aspects that must be prepared and
reviewed (review) in agreement in the field of construction services.
According to the bill-JK, in the organization of construction workers, establishment of a
service provider implementation of the election results should be followed up with an
agreement that governs the legal relationship between the giver and the giver Duty Services
to ensure the fulfillment of the rights and obligations of the parties in a fair and balanced and
in good faith landasi. Agreements as referred to above must be showcased in an Association
of Construction Work (CCI), which is a written agreement containing a mutual agreement
between the Employer and the Employer Services Task to carry out construction works are
showcased in a document. The written agreement here contains provisions setting basic
underlying rights and obligations as well as the authority and responsibility between the giver
and the giver Services Task. In the bill-JK taskmasters interpreted as any person or entity that
gave the job to the Giver construction services. While the Service Providers is any person or
legal entity that provides services construction services consisting of construction planner,
executor Construction and Construction Supervisor.
Dendiri form of the IKK may be a construction contract or in other forms which at least should
include a description of: The Parties, scope and value of work, Expert, Rights and Obligations,
Payment, Injury Promises, Resolution Perse-lisihan, Termination of the Association
Construction work, Force Condition, Building Failures, Occupational Health and Safety, and
Environmental Aspects.

Matters covered by the Association of Construction Work

About the things that should be in cakupi in IKK-JK according to the bill as is mentioned in the
introductory part of this article we can see the essence below:

The Parties
In the CCI should be posted clearly on the identity, namely regarding the name, address,
nationality, signing authority, and the domicile of the parties.

Scope and Work Values

According to a clear and detailed description of the scope of work and time constraints. For
the scope and value of the physical implementation of construction work at least explain
things include: (i) administrative requirements, the procedures that must be fulfilled by the
parties to hold interaction; (Ii) technical requirements, the technical requirements that must
be fulfilled Employer Services; (Iii) The volume of work, the greatness of the work to be carried
out; (V) The value of the work, the amount of the costs that will be received by the Employer
Services to carry out the work; (Vi) Coverage or guarantee, which is a form of protection in
the form of insurance or guarantee issued by a bank, among others, for the protection work
implementation, acceptance advances, accidents for workers and the public. While the scope
and value of the work for the work of planning and supervision, meliputu administrative and
technical requirements, Batasa time, the value of the contract, as well as the reports that
must be accounted product, ie the result of the progress of work as outlined in the form of a
written document.

A description of the Expert

Contains provisions concerning the number and qualifications of experts to carry out the
construction work.

The description of the Rights and Obligations

Task Giver include the right to obtain the results of the Construction Works and obligation to
comply with the agreed conditions, and the right Giver Services to obtain the information and
service fees and obligation to realize the construction work. Is the purpose of information in
this case is a complete document that should be provided for the task giver Service Providers
in order to carry out the work in accordance with the duties and obligations, which includes
the Building Permit (IMB) and document delivery field usage for buildings and facilities.

How to payment
Loading agreement between the parties in terms of Task Giver financial obligations result
construction workers. In the explanation of the bill-JK, we can choose the method of payment,
namely in the form of periodic payments, or on the basis of the percentage rate of progress
of implementation of the work, or the way payments made at once after the project is
completed.

Injury Promise
Contains provisions on liability in the event one of the parties did not implement the
agreement according to the CCI. Responsibility here can be: compensation, reimbursement
and / or extension of time, repair or re-implementation of the work which is not in accordance
with what is on of the agreement, or giving compensation. Breach of the law which in
technical terms is also known by the term wan-achievement (breach of contract) is itself
defined as a situation where one party to the CCI (i) does not do what is agreed upon; and /
or (ii) implement what is agreed upon, but which do not fit as agreed; and / or (iii) do what is
agreed, but too late; and / or (iv) to do something should not be done according to the
agreement.

Dispute Resolution
Contains provisions on the procedure for the settlement of disputes as a result of a
disagreement in terms of understanding, interpretation, or implementation of various
provisions of the CCI. In addition to a description of the dispute settlement contained
provisions on the place and manner of their resolution, among others eg reached through
deliberation (Amicable settlement), arbitration (a form of alternative dispute resolution), or
the court (litigation).

Termination of Employment Construction

Contains in it the provisions on termination IKKyang can arise from penuhinya obligation of
either party.

Forcing state
Explain the provisions of the events that arise outside of the willingness and ability of the
parties to cause damage to salh one party. Forcing a state more known as Force Majeure or
coercion is in reality nothing is absolute (absolute), and some are not absolute (relative). That
is absolute is the state in which the parties may not exercise the rights and obligations. While
the relative is a state that still allows the parties to melaksanaka rights and obligations. The
issue of the risk posed by Force Condition can be agreed by the parties, among others,
through the agency of coverage (insurance).

Building failures
Contains provisions on obligations of Service Providers for the failure of the building. Building
failures menuru bill-JK is building a state that has been handed over by the task, which then
become dysfunctional either in part or as a whole as a result of errors Task giver. Errors can
be due to deliberate action, namely actions undertaken by the Employer Services conscious

and planned deviate from the CCI which resulted in losses; or negligence, the ignorance or
negligence Employer Services that deviate from the CCI and the resulting losses. To maintain
objectivity, the failure of the building itself is assessed and set by a third party expert appraiser
as set by the Minister responsible in the field of construction services.

Occupational Health and Safety

Contains provisions on obligations of the parties in the implementation of the Occupational
Health and Safety. The provisions governing the regulation has no regulations, namely Act No.
1 of 1970 on Occupational Safety and Law No. 14 of 1989 on Occupational Health.

Environmental Aspects
Loading obligations of the parties to comply with environmental requirements. Aspects of the
program has no set rules as in the Act No. 4 of 1982 regarding Basic Provisions for
Environmental Management.

Other provisions in the Association of Construction Work

In the CCI also has special things such as provisions concerning intellectual property rights
that must be specified for IKK for implementation of the work plan. What is meant by
Intellectual Property Rights Kekeyaan-JK in the bill is the end result of planning and / or parts
that ownership can be agreed. The parties to the CCI also can foretell the rules concerning
the provision of intensive, ie the award that is given to the Service Providers for his
achievements, which can be either cash or in kind. Which can be considered as the
achievements Employer Services include the ability to complete the job earlier than the
contracted while maintaining quality as required. And last in the CCI for the physical
implementation of construction works can also contain provisions related to suppliers of
materials and / or components and / or equipment.***