Source: Untar Public Relations – CS
Quantity Surveyors (QS) are specialized professionals in the construction industry who play a strategic role in ensuring that construction projects are carried out within the timeframes stipulated in construction agreements. However, to date, there is no specific legislation governing the QS profession, whether under the Indonesian Civil Code (KUHPerdata), AV-41, Law No. 22 of 2020 on Implementing Regulations, or Law No. 2 of 2017 on Construction Services.
This finding was presented by Siahaan during the defense of his dissertation entitled “The Role of the Quantity Surveyor Profession in Establishing Legal Certainty in the Implementation of Construction Agreements in Indonesia.” Through the Open Examination of the Doctor of Law Study Program (DIH) at the Faculty of Law (FH) of Untar, Siahaan was awarded the title of the 40th Doctor of Law graduate from Untar. The examination was held at the Auditorium of Untar Campus I on Wednesday (17/7/2024).
His research examined the role of the QS profession and the function of cost, quality, and time control concepts in ensuring legal certainty in the implementation of construction agreements between project owners and construction service providers in Indonesia. The study also explored an ideal regulatory framework for the QS profession in the country.
The findings show that a QS serves as a professional responsible for safeguarding the interests agreed upon in construction contracts. A QS oversees all technical and administrative activities until project cost calculations are completed and throughout the construction maintenance period. The profession is also responsible until the release of retention payments by project owners and may act as a mediator when disputes arise.
Within the framework of cost, quality, and time control, the study emphasized the need to avoid potential “grey in-charge,” “grey-legal,” and “grey-system” conditions. Consequently, an ideal regulatory framework governing the QS profession in Indonesia would provide legal certainty and facilitate dispute resolution through either litigation or non-litigation mechanisms.
Responding to a question from External Examiner Dr. Yeti Nurhayati, S.H., M.H., regarding the legal accountability of QS professionals in ministry-led projects when disputes occur, the candidate stated that QS professionals can indeed be held legally accountable. He explained that this situation stems from the lack of clear regulations defining the role of QS professionals. At present, the government still applies a combined approach in which quality control and quantity control functions are handled by the same party. Therefore, he expressed hope that the government would establish a clear legal framework regulating the roles, functions, and responsibilities of the QS profession. (CS/YS/KJ)