ACTANOVA SCHOLARLY ARCHIVE
JCL Vol. 3, No. 3.1 (2026) pp. 1-10 Open Access Metadata Indexing Ready

Reconstruction of the Executorial Power of Dispute Council Decisions in Infrastructure Projects through Harmonization of the Binding but Not Final Principle in the Indonesian Civil Law System

Anjar Kuswijanarko
R Riswadi 1
1 1

Abstract

his study aims to analyze and reconstruct the binding and executory power of Dispute Board decisions in infrastructure projects within the Indonesian legal system. The main problem lies in the lack of normative recognition of Dispute Board decisions as executorial titles in civil procedural law, even though they are contractually binding under the Civil Code. This study uses a normative juridical method with a statutory and conceptual approach, and is supported by a comparative legal analysis of practices in the United Kingdom and Malaysia that have adopted the principles of Binding But Not Final and Pay Now Argue Later through special regulations. The results of the study indicate that legal reconstruction is needed through civil procedural law reform, recognition of construction adjudication mechanisms, and integration of international principles into the national legal system to increase the effectiveness of construction dispute resolution.
Keywords:
Dispute Board executive power construction adjudication Binding But Not Final dispute binding civil legal decisions through

How to Cite & Export Metadata

Full-Text PDF Document

Live Preview
Having trouble viewing? Use the controls or open in a new tab. Source Portal Galley
Machine-Readable Indexing Metadata (Dublin Core) ↓
<meta name="citation_title" content="Reconstruction of the Executorial Power of Dispute Council Decisions in Infrastructure Projects through Harmonization of the Binding but Not Final Principle in the Indonesian Civil Law System">
<meta name="citation_journal_title" content="Journal Customary Law">
<meta name="citation_issn" content="3026-460X">
<meta name="citation_volume" content="3">
<meta name="citation_issue" content="3.1">
<meta name="citation_publication_date" content="2026">
<meta name="citation_doi" content="10.47134/jcl.v3i3.1.5784">
<meta name="citation_author" content="Anjar Kuswijanarko">
<meta name="citation_author" content="R Riswadi">
Digital Archival & Preservation Notice (COPE Aligned)

This page represents an archival record of the peer-reviewed manuscript published by Indonesian Journal Publisher. ActaNova provides permanent digital preservation and global open metadata accessibility. Copyright of the manuscript remains with the original authors or publisher in accordance with their designated license.

Indexing Readiness Status

Google Scholar Tags Active
Dublin Core & OAI-PMH Compliant
DOAJ XML Schema 4.0 Valid
DOI Identifier Registered

Publication Details

Cover
Journal Customary Law Vol. 3 No. 3.1 (2026)
Managed By Indonesian Journal Publisher
Publication Date June 04, 2026
eISSN (Online) 3026-460X
Preserve & Index
Archive My Journal — Free