The Settlement of Construction Disputes Through Dispute Councils From the Perspective of Legal Certainty In Indonesia

ABSTRACT:This research differs from the practice of business activity in the construction services industry,which may lead to construction disputes. The settlement of construction disputes is a consensus based on thebasic principle of debate. If the discussions between the parties do not reach an agreement, the parties may takemeasures to resolve the dispute through the dispute council. Because the standard governing the disputescommittee was not fully regulated, they did not comply with the principle of legal certainty. Therefore, furtherresearch was needed to establish a theoretical basis for regulating the disputes committee in settling constructiondisputes. This research is a standard legal research using a legal regulatory, conceptual, and comparativeapproach. The research results show that the ideal concept of resolving construction disputes through a disputecouncil based on the value of legal certainty is to establish that the position of the dispute council is a specialcourt that has the authority to resolve construction disputes under construction services agreements. To realizethe position of the Court of Disputation as a special court, it must be based on the creation of philosophicalvalues, the creationof legislative regulations, and the creation of the institutional structure of the Court ofDisputation.

KEYWORDS-Construction Disputes, Dispute Council, Special Court