Reconstruction of Corporate Liability Law in the Provision of Construction Services

Abstract

Objective: This research aims to discuss in depth the form of corporate legal liability in construction work and discuss comprehensively the concept of legal reconstruction of corporate liability in construction work that is worth justice, certainty and legal benefit. Theoretical framework: That the vacuum of criminal law results in uncertainty and disparity in law enforcement of building failures and construction accidents in the Construction Services Law Number: 2 Year 2017, this problem can be overcome by harmonisation or legal reconstruction to harmonise construction services laws with other laws in the field of construction in order to provide justice, certainty and legal benefits for the community. Method: This type of research is normative juridical with a descriptive-analytical approach, discussing existing legal symptoms and problems and testing them based on legislation and legal norms. Result and conclusion: The results of this study indicate that corporate liability in construction work is divided into three namely administrative, civil and criminal liability. The concept of legal reconstruction of corporate liability in construction work is: setting criminal sanctions for construction accidents and building failures, restructuring the form of administrative sanctions for work safety violations into criminal sanctions, as well as setting general provisions on the definition of construction accidents, construction safety and construction work failures. That legal reconstruction is needed as an effort to overcome the emptiness and disparity of criminal law enforcement of construction accidents and building failures in Law Number: 2 of 2017 concerning Construction Services, in the form of criminal sanction arrangements, regulating general provisions regarding the definition of construction accidents, construction safety and construction work failures, and revitalising administrative sanctions against K4 violations. Originality/Value: This research is conducted with case studies of building failures and construction accidents in construction work. This research discusses comprehensively how the form of corporate liability for building failures or construction accidents. Novelty in this research is original because it offers a reconstruction concept of corporate legal liability in construction work based on fairness and legal certainty.