Lessons Learned in the Use of Dispute Boards to the Settlement of Construction Service Disputes

Abstract

This study examines library research concerning the legal perspective of using dispute boards as an alternative for settling new construction service disputes not regulated in Law Number 30 of 1999 concerning arbitration and alternative dispute resolution (ADR). Consequently, the specific objectives to be achieved in this study were as follows: (1) to look for data and examine the forms of construction service disputes resolved using the board; and (2) to search, review, and analyze related data. This research used a normative juridical format, with the primary and secondary data obtained through an interview with the Head of Subdirectorate of Freeway and from the documents mentioned previously, respectively. Meanwhile, it was descriptive-analytical and applied statutory and conceptual approaches for the data analysis. Although the use of the dispute board had been performed in the field, the implementation regulation, namely Government Regulation No. 22 of 2020, has yet to emerge. Therefore, this paper’s originality is threefold: (1) the board is espoused for resolutions during construction service disputes; (2) a new debate area is opened, concerning the use as an alternative for resolutions; and (3) questions about the forms of settlements using the board are raised. Also, an analysis of the resolution and lessons learned in Indonesia are explored.