PELAKSANAAN PERJANJIAN PEMBORONGAN PEMBANGUNAN TALUD PENGAMAN PANTAI (Suatu Studi di Kabupaten Kolaka)

Abstract

This study aims to determine and understand whether the implementation of the coastal protection embankment construction contract agreement has been in accordance with the agreed agreement, To determine and understand how the efforts made by the parties with the delay in completing the work. The study was conducted at PT. Mega Senindo and the PU Office of Kolaka Regency and the study used a normative legal approach because this study aims to study and analyze the legal relationship between the government and PT. Mega Sesindo. with primary and secondary data then analyzed qualitatively and then described the problems in this study so that conclusions and solutions to the problems can be obtained. Based on the results of the study that 1. The implementation of the coastal protection embankment construction contract agreement between the Kolaka Regency Government and PT. Mega Senindo has been carried out in accordance with Presidential Decree number 80 of 2003 concerning Guidelines for the procurement of government goods and services, where PT. Mega Senindo as the executor of the embankment construction work, based on the results of an open auction conducted by the Kolaka Regency Government. All matters relating to the implementation of the coastal protection embankment work have been stated in the agreement letter between PT. Mega Senindo with the Kolaka Regency Government, but in the agreement PT. Mega Senindo is in a weak and unbalanced position with the government. 2. efforts to resolve the delay in the implementation of this work unilaterally and do not refer to the existing contract because the termination is more based on a circular issued regarding the expiration of the budget year so that the provisions in the contract regarding the extension of the implementation period are not taken, and the decision tends to be forced. The government imposes sanctions on the second party as a blacklisted company so that PT. Mega Senindo cannot participate in the auction in the following year's APBN/APBD as a result of the delay in completing the construction of the coastal protection embankment. The decision of the Kolaka Regency government stating that PT. Mega Senindo has defaulted due to the delay in the handover of the work cannot be justified, considering that the material requirements and formal requirements regarding the state of default have also not been met.