Analisis Hukum Pelaksanaan Perjanjian Konstruksi Pembangunan Jalan Di Kota Medan ( Studi Perjanjian Antara Dinas Bina Marga Dengan CV Gabmora)

Abstract

Development in Indonesia at this time more emphasis on the development of the field of construction, both in the construction of facilities and infrastructure. Construction services is one of the problems in the development of law in Indonesia which is demanding legal order due to the complexity of the problem. Problems of construction work contract is the legal arrangements are numerous and overlapping, lack of socialization regulations to stakeholders, equality between the position of the parties in the construction services ie service providers and service users. Medan via Highways Agency always doing construction work contracts through auctions or tenders for construction service provider, but often there is a problem. Hence the title of this research is the analysis of the Law Implementation Agreement Jalan Medan City Construction Development (Study Agreement Between the Department of Highways with CV Gabmora Bima. Based on this background, the formulation of the problem in this research is how the arrangement of construction contract law in Indonesia ?, what was the law against those who are in default between the offices of Highways with CV. Gabmora ?, How to resolve disputes that do the parties in the event of default between the Department of Highways with CV. Gabmora? The method used in this thesis is the method of normative juridical, with the analysis of analytical, meaning that this study illustrates how a legal provision in the context of legal theory in his presentation describing the various issues relating to claims in the employment contract construction services and dispute settlement construction. The results of this study put that construction contract arrangements, set in a special regulation, which is in the legislation and implementing regulations in the form of ministerial regulations and institutional regulations. Juridical consequences for the parties who are in default is the demands of the aggrieved party to the fulfillment of the agreements, cancellation of the agreement, or penggenaan fines / restitution. Change disadvantages include the real costs have occurred as a result of such default. At issue between the Highways Department of the city of Medan with CV Gabmora as a provider, due to legal disputes that occur between the two sides should be resolved in accordance with the clause of the contract between the parties on the basis of the agreement was the basis for the author. Dispute settlement consultations do with track, mediation, negotiation, and arbitration. All of these ways are returned to the parties to choose the way of peace between them