PEMUTUSAN PERJANJIAN SEPIHAK KONTRAK PENGADAAN BARANG/JASA PEMERINTAH PASCA YURISPRUNDENSI NOMOR 4/YUR/PDT/2018

Abstract

This paper examines the legal certainty in contracts for the procurement of goods/services in the field of construction and legal protection for the parties. This normative juridical research uses qualitative juridical approach. The results show that procurement contract of goods and services in the construction sector have different characteristics from commercial contracts in general. Because the legal action in this contract is no longer purely a private legal action but is colored by public legal aspects in it. Presidential Regulation 16 of 2018, which also explicitly regulates the termination of unilateral agreements by Commitment Signing Officials. The contract sanctions include fines and termination of the contract. If the Provider is deemed unable to complete the work stipulated in the contract as stipulated in Article 56 of Presidential Regulation 16 of 2018, the Contract Signing Officer may impose sanctions in the form of unilateral termination of the Contract as stipulated in Regulation of the Head of LKPP Institutions Number 12 of 2021.