RECONSTRUCTION OF LEGAL SANCTIONS ON BUILDING FAILURE IN LAW NO.2 YEAR 2017 ON CONSTRUCTION SERVICES BASED ON THE VALUE OF BENEFIT

Abstract

Building Failure under Law No.2 of 2017 concerning Construction Services is a stateof collapse of buildings and/or non-functioning of buildings after the delivery of the final results of construction services work. Based on that statement, it can be concluded that there are 2 (two) aspects in the Building Failure. The first is the Building Destruction, and the second is the non-functioning building after the Final handover. Based on the law relating to the failure of the building there are some important articles related to the form of legal sanctions and obligations of "service provider" or "service user" to make a change or repair the Building Failure that occurred caused by the mistake. And this is one manifestation of the application of the base of legal certainty, legal justice and legal benefit. However, problems arise when the article is correlated to Article 98 in Law no. 2 of 2017 which reads "The Contractor failing to fulfill the obligation to replace or repair the Building Failure as referred to in Article 63 shall be liable to administrative sanctions. Failures Building as referred to in paragraph (1) and paragraph (2) shall be stated in the Construction Contract of Work; Paragraph (5) further provisions on the obligations and responsibilities of the Contractor for Building Failure as referred to in paragraph (1), paragraph (2) and paragraph (3) shall be stipulated in a Government Regulation. So that the existence of "Contradiction" makes service providers can make choices that benefit their party as the party responsible for the failure of the building. The impact with the existence of article 98 is then the community as the object of the user of the building becomes the most disadvantaged because they cannot use or function the building. And the end of the meaning of legal ideals in the form of legal certainty, legal justice and legal benefits become neglected. With this condition, it is necessary to reconstruct Law no. 2 year 2017 especially in the article related to the failure of the building which still not able to provide benefit for the community as the user of the building object.

Keywords: Building Failure, Legal Sanction, Benefit Value