BADAPSKI Declaration and National Seminar
“Solving the Construction Disputes through Arbitration”
BADAPSKI Effective and Efficient Alternative Solutions in Solving the Construction Disputes
Construction service is a business entity which involves a large number of people. Construction service is a consultation service in planning, implementing, and controlling the construction. A complex construction service often makes the high opportunity in claim or argument which leads to disputes. For example, if a building failure occurs, a construction service would not be able to complete and match the building development into the termination and requirements as first expected.
The consumer who has requested the building could bring this failure into a legal matter. There are two common ways which are used to solve this issue; through the general court (civil lawsuit), or the non-court. In a case such as this one, the construction disputes rarely get the attention it deserves, so it is usually solved through the court.
Construction service entrepreneurs prefer to choose the outside courts to solve disputes. First of all, entrepreneurs will prioritize on having discussions with another party. Construction services are one of the fields which relates to alternative dispute resolutions. The legislation regulation, UU No. 18, 1999 about the construction service includes a chapter which reviews the mechanisms of solving construction disputes.
On the UU No. 30, 1999 about arbitration and the disputes solving alternatives, there are some methods to solve the disputes non-court, such as arbitration, consultation, negotiation, mediation, conciliation, or experts assessment. The head of BADAPSKI, Prof. Hikmahanto Juwana, S.H. said that the arbitration method as the solving alternative has been proven effective in solving general disputes, as well as construction disputes.
Indonesia’s Arbitrage and Construction Disputes Solving Alternatives Board (BADAPSKI) was declared on August 2014 and answers and fulfills the needs of the non-court solving disputes which have some advantages. At the National Seminar at Tarumanagara University on Tuesday September 22nd, 2015, Hikmahanto, head of BADAPSKI, describes these advantages as having a specialty in construction and funding methods. For a public institution which depends on the National Income and Expenses Budgets of the government, there will be tolerance through the collateral letter as the substitute of the administration fee will be paid after the availability of the funds or when the decision of the arbitration council has been published.
The Dean of the Faculty of Law at Tarumanagara University, Dr. Ahmad Sudiro, S.H., M.H., M.M. stated that the disputes alternative solution (APS) is a series of experiences and law techniques to solve non-court law disputes for the benefit of the parties. This could be one of the ways to decrease and minimize the conventional litigation expense and the postponed times which often occur. For the important cases, this could also prevent the filing of law disputes in the court.
The Faculty of Law itself pays special attention to the APS. Dispute solving alternatives which are based on problem-solving principles and supported by proper ethics and good behavior, make this one of the best study programs at Tarumanagara University. This study program has been chosen as an excellenct law study program in KOPERTIS III Jakarta.
One of the founders of BADAPSKI, who is also the Rector of Tarumanagara University, Prof. Ir. Roesdiman Soegiarso, M.Sc, Ph.D. stated that APS is involved in an intensive and direct participation in solving disputes. It is an effective and efficient way to solve disputes, including the complex matters of construction.
Our Rector, Prof. Ir. Roesdiman Soegiarso said that our participation in solving the construction disputes outside the court could be one of the knowledge practices in society in the University. In this case, the Faculty of Law and the Faculty of Engineering participated seriously in society implementation.
BADAPSKI is an independent and impartial organization established by the founders who care about the positive development of the infrastructure development ahead without any dispute between the parties that can cause physical and financial constraints on infrastructure projects .
The founder of BADAPSKI are Ir.Djoko Kirmanto, Dp.HE; Abdul Rahman Saleh,SH,MH; Prof. Hikmahanto Juwana, SH, LLM, PhD; Prof.Ir.Wiratman Wangsadinata, Prof.Ir.Roesdiman Soegiarso, MSc, PhD; Irjen Pol (Purn) Hadiman, SH. MSc; Prof Dr.Satya Arinanto, SH, MH; Ir. Agus Rahardjo, MSM; Ir.Hedianto Husaini, MSCE, MSi; Dr.Ir.Sudarto, MT; Dr.Ir. Sarwono Hardjomuljadi, MSc, MH; Dr.Ahmad Sudiro, SH, MH, MM; Dr.Firman Widjaja, SH, MH; Bintang Perbowo, SE, MM; Ir.Erie