Journal of Legal, Ethical and Regulatory Issues (Print ISSN: 1544-0036; Online ISSN: 1544-0044)


The Principle of Non Maleficence in Relation with Construction Contract in Indonesia

Author(s): Muhammad Hasbi, Yuliandri Yuliandri, Busyra Azheri, Kurnia Warman

The construction contract is the whole or part of a series of architectural, civil, mechanical, electrical, and environmental planning activities to achieve a building or other physical form. The existence of a construction contract as a document governing the legal relationship between service users and service providers in the implementation of construction works. Therefore, the partie's achievements must be in line with the principle of non-maleficence. That is, the parties not only obey the contents of the agreement, but also the values and norms that live in society. This non-maleficence principle has been accommodated in Law No. 2 of 2017 on Construction Services, Presidential Regulation No. 16 of 2018 on Procurement of Goods and Services, Civil Code and Federation Internationale des Ingeniuer Conseils (FIDIC). With the implementation of the principle of non-maleficence in the construction contract, then the principle of legal certainty, justice and benefit is accommodated in the contract, so the contract will remember as law for the parties as mentioned in the principle of pacta sunt servanda.