IOSR Journal of Humanities And Social Science (IOSR-JHSS) Volume 26, Issue 2, Series 5 (February. 2021) 12-23 e-ISSN: 2279-0837, p-ISSN: 2279-0845. www.iosrjournals.org DOI: 10.9790/0837-2602051223 www.iosrjournals.org 12 |Page Right to Justice in the Construction Drilling Services Project Contract Agreement A. Asriati*, Syahruddin Nawi**, Sufirman Rahman**, Said Sampara** *Student of Postgraduate Doctoral Program in Legal Studies, Universitas Muslim Indonesia **Lecturer of the Faculty of Law, Universitas Muslim Indonesia Corresponding Author: A. Asriati Abstract: This study aims to identify, understand, and analyze justice’s essence in the project contract agreement between the Construction Service Provider and the Commitment Officer. Besides, he also wants to know the process of making the project contract agreement between the Construction Service Provider and the Commitment Officer and what factors affect the realization of the work contract. The research to be carried out is descriptive research with normative legal research and socio-legal research related to the project contract agreement between the Construction Service Provider and the Commitment Officer. Keywords: Commitment Officer, Construction Service Provider, Project Contracting Agreements. --------------------------------------------------------------------------------------------------------------------------------------- Date of Submission: 02-02-2021 Date of Acceptance: 16-02-2021 --------------------------------------------------------------------------------------------------------------------------------------- I. INTRODUCTION In the current regional autonomy era, development is an integrated and planned change process based on the Indonesian nation’s work program. The recent national development must create people’s welfare to achieve a just and prosperous society based on Pancasila. Today’s development of the physical field is progressive in line with society’s needs, advances in science and technology. Physical products such as ports, flyovers, toll roads, bridges, housing, dams, and other developments are the objects of construction contracts. From the legal system, the building contract is one of the building law components (Bouwecht). The building here has a broad meaning, namely everything that is built on the ground. Thus, building law is all law instruments relating to buildings, including construction, maintenance, demolition, delivery, both civil and public (administrative) in nature. Building law is fundamental in national development as its implementation is the government, society, and contractors. In the implementation of physical development, the task-giving government always appoints a contractor to complete the construction project that will be implemented. By involving contractors in implementing government building construction projects, a contract agreement is made between the government as the service user and the contractor. The Construction Service Provider has a significant and strategic role considering that construction services produce the final product in physical buildings, facilities, and infrastructure. It must be admitted that physical development functions to support growth and development in various fields. Interestingly, the general public’s opinion regarding the construction work contract is that the construction work contract’s service users are limited to government projects. Based on Article 1 point 3 of Law of the Republic of Indonesia Number 2 of 2017 on Construction Service (hereinafter referred to as Law No. 2 of 2017), explains that “Construction work is the whole or part of activities which include the construction, operation, maintenance, demolition and reconstruction of a building”. From the provisions above, it can be understood that the government is one of the development project cooperation relations. There is also a relationship with companies and individuals, so that it requires rules regarding the terms of the parties involved in a construction work contract. The cooperative relationship must be carried out through the Commitment Officer to ensure the implementation of government projects. The agreement’s contents must include tender issues, bid letters, price levels, and consequences if project implementation does not follow the initial planning or late payment. II. STATEMENT OF THE PROBLEM 1. What is the essence of justice in the project contract agreement between the Construction Service Provider and the Commitment Officer?