JCL
Vol. 3, No. 3.1 (2026)
pp. 1-10
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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
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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
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<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">
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Publication Details
Journal Customary Law
Vol. 3 No. 3.1 (2026)
Managed By
Indonesian Journal Publisher
Publication Date
June 04, 2026
eISSN (Online)
3026-460X