Liability of Construction Workers in the Occurrence of a Construction Work

Authors

  • Djoko Soepriyono

Abstract

Liability is one of the important issues in resolving disputes in the event of construction work carried out by construction workers. Responsibility is any legal obligation that arises from political and private law, liability is the obligation to pay compensation for mistakes made. Geonetic experts are responsible for errors due to the failure of the
implementation of construction work done. The incident caused a civil law dispute and or criminal / criminal corruption. Implementation of Construction Work the responsibilities of his profession for 10 (ten) years from the Final
Hand Over (FHO) is done. The responsibility for carrying out construction is the responsibility of the service provider, as evidenced by the expert evaluators who make mistakes and take responsibility for failure. Understanding
service providers can be business entities and / or experts employed by service users and / or experts employed by
service providers from business entities. In principle, experts are responsible or take responsibility for professional
actions in carrying out construction work in accordance with the provisions governed by the Law on Construction
Services, Likewise article 1609 of the Civil Code: If a building, which has been bought up and made a certain price,
is wholly or partially destroyed due to defects in its construction or even because it does not cover the land, the
building experts and their contractors are responsible for that for 10 (ten) years. As a result of professional acts in
the implementation of construction carried out by service providers / experts have the risk of civil sanctions and / or
criminal corruption. Because it can cause other parties / parties. If due to the incident the elements of the act can
harm state finances, the act is a criminal act of corruption, the process of resolution through the Corruption Court.
Provisions of article 1365 BW: "every act that violates the law, which brings harm to others, obliges people because
of the mistake of issuing the loss, compensating for the loss" construction workers who make mistakes are responsible for issuing compensation for their actions. Article 2 paragraph (1) of Law No. 20 of 2001 concerning amendments to Law Number 31 of 1999 concerning Eradication of Corruption;"Every person who unlawfully commits acts
of enriching oneself or others or corruption that can harm the state finances or the economy of the country, shall be
punished with life imprisonment or imprisonment for a minimum of 4 (four) years and a maximum of 20 (twenty) fine
and at least Rp. 200,000,000.00 (two hundred million rupiah) and a maximum of Rp. 1,000,000,000.00 (one billion
rupiah) ".

Published

2020-03-31

Issue

Section

Articles