PENGGUNAAN SMART CONTRACT SEBAGAI ALTERNATIF DALAM KONTRAK KONSTRUKSI

Christianto, Youstra Valentino (2023) PENGGUNAAN SMART CONTRACT SEBAGAI ALTERNATIF DALAM KONTRAK KONSTRUKSI. Masters thesis, Universitas Andalas.

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Abstract

The global construction sector is facing significant productivity challenges. Digital transformation, including the use of Smart Contracts, can enhance productivity and reduce costs. In the context of Indonesia, the Ministry of Public Works and Public Housing (PUPR) has a heavy duty in managing the procurement of goods and services with a very large budget. Smart Contracts, contracts that are automatically executed by computer programs, are seen as able to enhance efficiency and accountability in construction work contracts. However, despite the potential for productivity improvements through digitalization, there are still significant productivity challenges. Therefore, the author feels the need to conduct more in-depth research on the potential and legality of using Smart Contracts in the context of contract law in Indonesia. This research aims to understand the regulation and implementation of construction work contracts in Indonesian positive law, as well as the legal aspects of using Smart Contracts. The research method is a normative juridical approach, focusing on the principles of law, legal theory, legal objectives, and legal developments, using a conceptual and legislative approach. This research also identifies challenges such as understanding technology, security issues, and legal problems. The results of this research conclude that construction work contracts in Indonesia are not only regulated by positive law, but also by the principles contained in autonomous contract theory. These principles help ensure that construction work contracts meet their main objectives, namely creating a fair and efficient working relationship between project owners and contractors. The implementation of construction contract regulations in Indonesia involves preventive and repressive legal protection. Preventive protection includes the terms and conditions that must be complied with by the parties in the contract, while repressive protection includes legal actions taken after a contract violation occurs. The use of smart contracts must comply with existing regulations and pay attention to legal, security, and data privacy aspects. Although it can automate processes, including dispute resolution, the use of this technology also requires special expertise in the field of blockchain.

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