Settings Regarding Warranty Financing in Construction Contracts From the Equity Principle

Anggoro, Tung (2020) Settings Regarding Warranty Financing in Construction Contracts From the Equity Principle. Undergraduate thesis, Untag 1945 Surabaya.

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Abstract

Law No. 2 of 2017 concerning Construction Services (hereinafter referred to as the Construction Services Law), places Construction Work Contracts as the basis of the legal relationship between Service Users and Service Providers. Before entering into a collaboration between the user and the service provider, it usually starts with a contract between the two parties so that it is clear what the rights and obligations of both parties are commonly known as the Construction Work Contract. As it should be, the principle underlying the formation of articles in a law is a principle, every legal order must have a legal principle which becomes the basic norm and becomes a direction in the formation of a rule of law. The general definition of a legal principle is a basic norm or basic principles that form the basis of establishing a real legal regulation and can be implemented with the existence of a legal principle, so that the formation of the law can be in accordance with what is aspired by the community. As stated in article 2 of the Construction Services Law that the implementation of construction services is based on the principles of Honesty, balance, independence, openness, equality, and others. In this paper the author wants to examine more deeply about one of the principles, namely the principle of equality in which both the articles in the Construction Services Act and in the world of practice are not reflected the principle of equality as aspired. But specifically in this discussion, the author limits only about financing guarantees, namely in articles 55-57 of the Construction Services Act.

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