The island
Building a house: the construction contract and site supervision
Once the permits are in hand, the owner signs a contract with a builder. The law on construction services says what that contract must state, who may build, what supervision and handover are, and who answers for a building that fails, and for how long. This page sets that out article by article and says where the texts are silent. The permits themselves are on the page on building permits.
How to read this page
This page is for someone who holds the right to a plot in Bali and plans to build or rebuild a house through a builder, and wants to know what Indonesian law says about the contract with the builder and about the work. It sets out the texts with the article and says where we found them silent. It is general information, not legal advice.
The core texts are the law on construction services (UU 2/2017, changed by UU 6/2023) and its regulation (PP 22/2020, changed by PP 14/2021). They call the owner the Pengguna Jasa and the builder, designer or supervisor a Penyedia Jasa. Around them sit the building regulation (PP 16/2021), the architects law (UU 6/2017, changed by UU 6/2023) with its regulation (PP 15/2021), and the Civil Code chapter on contracts for work (KUHPerdata Pasal 1601b and 1604 to 1616).
The permits (KKPR, PBG and SLF), the zoning and the Bali height and setback rules are on the page on building permits and are not repeated here. Not on this page: prices, any builder, architect or supervisor by name, how to find one, the tax on construction work, and whether a particular design is safe, which is an engineer's judgement.
Where a sentence says that no text says something, that describes the texts we read, listed under each section. It is not a statement about how an office or a court applies the law. What a register or an office does in practice is marked as practice. The section "What we could not confirm" lists the open points.
- Undang-Undang Nomor 2 Tahun 2017 tentang Jasa Konstruksi 6 October 2026
- Peraturan Pemerintah Nomor 22 Tahun 2020 tentang Peraturan Pelaksanaan Undang-Undang Nomor 2 Tahun 2017 6 October 2026
- Peraturan Pemerintah Nomor 14 Tahun 2021 tentang Perubahan atas Peraturan Pemerintah Nomor 22 Tahun 2020 6 October 2026
- Undang-Undang Nomor 6 Tahun 2023, Pasal 52 (perubahan Undang-Undang Nomor 2 Tahun 2017) dan Pasal 25 (perubahan Undang-Undang Nomor 6 Tahun 2017) 6 October 2026
Who is who in the contract
The law's words. The person who orders the work is the Pengguna Jasa, "the owner or giver of the work who uses a construction service" (UU 2/2017 Pasal 1 angka 5). The builder, and equally a designer or a supervisor, is a Penyedia Jasa (angka 6); a firm that works for the builder is a Subpenyedia Jasa (angka 7). Each side may be an individual or a legal entity (Pasal 39(2)). The law lets the owner do the work himself or have it done under a contract (Pasal 38(2), as changed in 2023); this page is about the second case. The articles we read set no size or cost below which the law does not apply to a private owner.
Three kinds of service. Construction consultancy covers study, planning, design, supervision and management of a building; construction work covers building, operation, maintenance, demolition and rebuilding (Pasal 1 angka 2 and 3). For a house the owner can sign separate contracts with a designer, a builder and a supervisor, or one contract for design and build (rancang-bangun), which PP 22/2020 lists as one way to organise construction (Pasal 80(2)(b)) and requires to be a single contract (Pasal 59(2), as replaced by PP 14/2021).
Civil law fills the gaps. How the parties bind themselves follows the law on civil contracts unless the construction law says otherwise (UU 2/2017 Pasal 40). The Civil Code defines the contract for work (perjanjian pemborongan kerja) as an agreement in which the contractor binds himself to finish a job for the other party at an agreed price (KUHPerdata Pasal 1601b).
If the owner is a foreigner. None of these texts makes the owner's nationality a condition of the contract. The land right under the house and who may own the house are on the pages on leasing and on building permits. If the builder is a foreign firm: a foreign construction business must work through a representative office and/or an Indonesian company formed with a national firm (Pasal 32), and a company formed with foreign capital must meet the large qualification (Pasal 34(2), as changed in 2023). A foreign architect must partner with an Indonesian architect, who is responsible for the practice (UU 6/2017 Pasal 20).
- Undang-Undang Nomor 2 Tahun 2017, Pasal 1 angka 1 sampai 8 dan 10, Pasal 32, 34, 38, 39 dan 40 6 October 2026
- Undang-Undang Nomor 6 Tahun 2023, Pasal 52 angka 15 dan 18 6 October 2026
- Peraturan Pemerintah Nomor 22 Tahun 2020, Pasal 80 6 October 2026
- Peraturan Pemerintah Nomor 14 Tahun 2021, Pasal 59 6 October 2026
- Kitab Undang-Undang Hukum Perdata, Pasal 1601b 6 October 2026
- Undang-Undang Nomor 6 Tahun 2017 tentang Arsitek, Pasal 18 dan 20 6 October 2026
The path at a glance
Each row names the article that governs the step. The sections below give the detail and say where the texts stop.
| Step | What the texts say | Section |
|---|---|---|
| Before the contract: the builder | A construction firm must hold a Sertifikat Badan Usaha (SBU) and meet the business licensing rules; the workers must hold a Sertifikat Kompetensi Kerja (SKK). LPJK publishes search pages for both (UU 2/2017 Pasal 26, 30, 70). | Checking the builder: SBU, SKK and the licence |
| The design | An architect needs an STRA and, for a building, a licence. A house of up to 100 m2 and two floors may be designed without an architect, yet the PBG process is then still carried out by a licensed architect (UU 6/2017 Pasal 6A; PP 15/2021 Pasal 30). | The designer and the architect |
| The contract | In writing, in Indonesian, stating at least sixteen points from the parties to the choice of dispute settlement (UU 2/2017 Pasal 46, 47, 50). | What the contract must state |
| Payment | Up front, by progress or month, by milestone or term, or in one sum at the end; the contract states the period, compensation for late payment, any guarantee and proof of ability to pay (PP 22/2020 Pasal 81). | Payment, guarantees and insurance |
| During the work | The owner supervises and may hire a supervising consultant who acts for him, approves the quality and safety plans and may stop work that fails them (PP 22/2020 Pasal 49, 50). The kabupaten inspects each stage (PP 16/2021 Pasal 59, 265). | Supervision during the work |
| Handover | A first handover (serah terima pertama, "provisional hand over") and a final handover (serah terima akhir, "final hand over"), with the maintenance period between them (PP 16/2021 Pasal 60). | Testing, handover and the maintenance period |
| After the final handover | The builder answers for a building failure for the design life, at most 10 years from the final handover; after that period the owner answers (UU 2/2017 Pasal 65). | Defects and building failure |
| If it goes wrong | Deliberation first, then the stages in the contract (mediation, conciliation, arbitration, or a dispute board); the court is named in the elucidation (UU 2/2017 Pasal 88, Pasal 47). | If it goes wrong |
- Step
- Before the contract: the builder
- What the texts say
- A construction firm must hold a Sertifikat Badan Usaha (SBU) and meet the business licensing rules; the workers must hold a Sertifikat Kompetensi Kerja (SKK). LPJK publishes search pages for both (UU 2/2017 Pasal 26, 30, 70).
- Section
- Checking the builder: SBU, SKK and the licence
- Step
- The design
- What the texts say
- An architect needs an STRA and, for a building, a licence. A house of up to 100 m2 and two floors may be designed without an architect, yet the PBG process is then still carried out by a licensed architect (UU 6/2017 Pasal 6A; PP 15/2021 Pasal 30).
- Section
- The designer and the architect
- Step
- The contract
- What the texts say
- In writing, in Indonesian, stating at least sixteen points from the parties to the choice of dispute settlement (UU 2/2017 Pasal 46, 47, 50).
- Section
- What the contract must state
- Step
- Payment
- What the texts say
- Up front, by progress or month, by milestone or term, or in one sum at the end; the contract states the period, compensation for late payment, any guarantee and proof of ability to pay (PP 22/2020 Pasal 81).
- Section
- Payment, guarantees and insurance
- Step
- During the work
- What the texts say
- The owner supervises and may hire a supervising consultant who acts for him, approves the quality and safety plans and may stop work that fails them (PP 22/2020 Pasal 49, 50). The kabupaten inspects each stage (PP 16/2021 Pasal 59, 265).
- Section
- Supervision during the work
- Step
- Handover
- What the texts say
- A first handover (serah terima pertama, "provisional hand over") and a final handover (serah terima akhir, "final hand over"), with the maintenance period between them (PP 16/2021 Pasal 60).
- Section
- Testing, handover and the maintenance period
- Step
- After the final handover
- What the texts say
- The builder answers for a building failure for the design life, at most 10 years from the final handover; after that period the owner answers (UU 2/2017 Pasal 65).
- Section
- Defects and building failure
- Step
- If it goes wrong
- What the texts say
- Deliberation first, then the stages in the contract (mediation, conciliation, arbitration, or a dispute board); the court is named in the elucidation (UU 2/2017 Pasal 88, Pasal 47).
- Section
- If it goes wrong
- Undang-Undang Nomor 2 Tahun 2017, Pasal 46, 47, 50, 65, 70, 88 6 October 2026
- Peraturan Pemerintah Nomor 22 Tahun 2020, Pasal 49, 50, 53, 81 6 October 2026
- Peraturan Pemerintah Nomor 16 Tahun 2021, Pasal 59 dan 60 6 October 2026
- Peraturan Pemerintah Nomor 15 Tahun 2021, Pasal 30 6 October 2026
Checking the builder: SBU, SKK and the licence
The certificate and the licence. A construction firm must hold a Sertifikat Badan Usaha (SBU), issued through a process of certification and registration by the central government (UU 2/2017 Pasal 30(1) and (2), as changed by UU 6/2023). Every individual or firm that gives a construction service must also have the business licence (Perizinan Berusaha, Pasal 26(1)), which the kabupaten issues to a person or firm based in its area (Pasal 27 and 28). Firms are grouped by classification, in which "bangunan gedung" (building) is one of the two general kinds of construction work (Pasal 14(2)), and by qualification: small, medium or large, judged on annual sales, financial ability, available construction workers and equipment (Pasal 20).
Qualification limits the work. An individual builder and a small firm may only take work in the market segment of small risk, simple technology and small cost; a medium firm only work of medium risk, medium technology and/or medium cost; a large firm only large (Pasal 21 to 23; PP 22/2020 Pasal 35 to 37). A small or medium firm may still do medium or large risk work if it has the experts the work requires (PP 22/2020 Pasal 38). The criteria are risk, technology and cost, and the guidelines for judging them are left to a ministerial regulation (Pasal 34 and 40) that we did not read, so this page does not say which qualification a house needs.
The workers. Every construction worker must hold an SKK, and the law obliges the user and the provider alike to employ certified workers (UU 2/2017 Pasal 70(1) and (2)); the contract must say so (Pasal 47(1)(e)). A worker without an SKK can be dismissed from the site, and a user or provider that employs one can be fined or have its services suspended (Pasal 99(1) and (2), as changed in 2023). The amount of the fine and the procedure are left to a government regulation (Pasal 102). We found no exemption for a house or for a small job, and we did not find how these sanctions are applied to a private owner.
Crews and foremen. The construction law and its regulations do not use the word tukang; the Civil Code does (KUHPerdata Pasal 1614 and 1615). An individual who gives a construction service is a "usaha orang perseorangan" and needs the licence (Pasal 26(1)); the Civil Code treats masons, carpenters, ironworkers and other craftsmen who take a job at a fixed price on their own account as contractors in their trade (KUHPerdata Pasal 1615). The main work may go to a subcontractor only if it is a specialist and the owner agrees (UU 2/2017 Pasal 53(1) and (2)).
The check. LPJK (Lembaga Pengembangan Jasa Konstruksi) is a non-structural body that carries out part of the central government's powers under the construction law (PP 22/2020 Pasal 1 angka 51, as replaced by PP 14/2021). In practice its site, lpjk.pu.go.id, offers a search of firms by NPWP or name, a search of workers by NIK or name, a page that shows which firm a worker is registered with, and a page that gives the status of an SBU application by licence ID or NIB. The search pages carry a Cloudflare Turnstile field, a check that the visitor is a person. We did not run a search and did not try to get round the check, so we cannot say what a result shows.
What a register entry can and cannot show. It shows that a firm or a person holds a certificate. It does not show that the firm built a particular house well, that the person on your site is the person named, or that the classification and qualification on the certificate fit your work. The questions to put to a construction firm, and the checks of architects, engineers and other professions, are on the page on how to check a professional.
- Undang-Undang Nomor 2 Tahun 2017, Pasal 14, 20 sampai 23, 25, 47, 53, 68, 70 6 October 2026
- Undang-Undang Nomor 6 Tahun 2023, Pasal 52 angka 7, 8, 9, 10, 12, 31 dan 33 6 October 2026
- Peraturan Pemerintah Nomor 22 Tahun 2020, Pasal 34 sampai 41 6 October 2026
- Peraturan Pemerintah Nomor 14 Tahun 2021, Pasal 1 angka 51 6 October 2026
- Kitab Undang-Undang Hukum Perdata, Pasal 1615 6 October 2026
- LPJK, Pencarian Badan Usaha 6 October 2026
- LPJK, Pencarian Tenaga Kerja Konstruksi 6 October 2026
- LPJK, Pengecekan Tenaga Kerja di BUJK 6 October 2026
- LPJK, Cek Status Permohonan SBU 6 October 2026
The designer and the architect
An architect is a person who holds a Surat Tanda Registrasi Arsitek (STRA); to practise architecture a person must hold it (UU 6/2017 Pasal 6, as replaced by UU 6/2023). An architect who works on the making of a building must also hold a Lisensi issued by the provincial government (Pasal 14(1) and (3), as changed in 2023), and the licensed architect answers for the practice according to the assignment in the work agreement (Pasal 16). The services of an architect include the design of the building, the technical planning documents and the supervision of the architectural aspects of the construction (Pasal 4(2)).
A simple house may be designed without an architect. UU 6/2017 Pasal 6A, inserted by UU 11/2020 and kept by UU 6/2023, says that for simple buildings and adat buildings the work does not have to be done by an architect. The elucidation of PP 15/2021 defines a simple building as one of at most 100 m2, at most two floors and 8 m high, with a beam span and a column height of at most 3 m. The regulation then adds that if the design of such a building is not done by an architect, the PBG process must still be carried out by a licensed architect (PP 15/2021 Pasal 30(3) to (6)).
Two limits should not be mixed. The 72 m2 and 90 m2 of the page on building permits belong to the examination of the PBG plan; the 100 m2 here belongs to the architect rule. That page says an owner may prepare the technical plan of a small house himself; PP 15/2021 Pasal 30(6) is a further condition on the PBG process. PP 15/2021 was made to carry out the same Pasal 6A as first inserted by UU 11/2020, and it stays in force under Perppu 2/2022 Pasal 184(b), enacted by UU 6/2023. Ask the technical office of the kabupaten which rule it applies.
The owner's position. The user of an architect's services may refuse a result that does not match the work agreement and may take legal action for a breach of it (UU 6/2017 Pasal 24(e) and (f)). The user must give complete and true information and pay the agreed fee (Pasal 25). Where to check an STRA, and how an architect can be sanctioned, are on the page on how to check a professional.
What the contract must state
The contract (Kontrak Kerja Konstruksi) is the whole set of documents that governs the legal relationship between the owner and the provider (UU 2/2017 Pasal 1 angka 8). It must set out that relationship (Pasal 46(1)), and at least the sixteen points below (Pasal 47(1)). The 2023 amendment did not change Pasal 47. The elucidation adds detail, noted in the middle column.
| Point (Pasal 47(1)) | What the law says it covers | What to write down |
|---|---|---|
| a. The parties | Clear identity of the parties; the elucidation lists name, address, nationality, authority to sign and domicile. | Who signs for a company, and whether it is the firm on the SBU. |
| b. The work | A clear and detailed description of the scope of work, the value of the work, unit prices, lump sum and the time limit. The elucidation lists volume, administrative and technical requirements, guarantees and progress reports, and says the time limit includes the maintenance period. | The drawings, specifications and quantity list that the price rests on. |
| c. Period of coverage | The time for the work and for the maintenance that the provider answers for. | Start date, end date and the length of the maintenance period; the law gives no number. |
| d. Equal rights and duties | The owner: the right to the result, the duty to keep what was agreed. The provider: the right to information and payment, the duty to do the work. The elucidation names the building permit and the handing over of the site among the documents the owner must provide. | What the owner hands over and by when. |
| e. Workers | The duty to employ certified construction workers. | The names and SKK numbers of those who lead the work. |
| f. Payment | The owner's duty to pay for the result, including the guarantee of payment. The elucidation: payment periodically, by percentage of progress, or in one sum after completion. | The payment schedule tied to stages. |
| g. Default (wanprestasi) | Responsibility if a party does not do what was agreed. The elucidation lists not doing it, doing it wrongly, doing it late and doing what is forbidden, and names compensation, costs, more time, repair or redoing the work, and damages. | What each kind of default costs the party in default. |
| h. Settlement of disputes | The procedure for settling a disagreement; the elucidation adds the place and way, and names deliberation, mediation, arbitration or the court. | The stages and the place; see the section on disputes. |
| i. Termination | Termination that arises because a party cannot meet its obligation. The Civil Code adds a rule for the owner: he may end the contract when he wishes, even after the work has begun, if he fully compensates the builder for all the costs spent on the work and for the profit lost (KUHPerdata Pasal 1611). | The grounds, the notice, and what happens to work done and to payments, including what the owner pays if he ends it early. |
| j. Force majeure | Events beyond the will and ability of the parties that cause loss to one of them. The elucidation: absolute and relative, and the risk may be placed with an insurer. | Who bears which risk, and what insurance covers it. |
| k. Building failure | The duties of the provider and/or the owner for a building failure, and the period of responsibility. | The period in years; see the section on defects and building failure. |
| l. Protection of workers | The duties of the parties for safety, health and social security of the workers. | Who is responsible for the people on your site. |
| m. Protection of third parties | The duties of the parties if an event causes loss, an accident or a death to people other than the parties and the workers. The elucidation: it applies during the period of coverage. | Insurance for neighbours and passers-by, and its limits. |
| n. The environment | The duties of the parties under the environmental rules. | What the contract assigns to whom. |
| o. Guarantee of risk and liability | A guarantee of the risks that arise in the work and of legal liability to others or from a building failure. The elucidation: it need not be a financial guarantee. | The insurance or guarantee named, with its limits. |
| p. Choice of dispute settlement | The chosen way of settling construction disputes. | One clear path, not several. |
- Point (Pasal 47(1))
- a. The parties
- What the law says it covers
- Clear identity of the parties; the elucidation lists name, address, nationality, authority to sign and domicile.
- What to write down
- Who signs for a company, and whether it is the firm on the SBU.
- Point (Pasal 47(1))
- b. The work
- What the law says it covers
- A clear and detailed description of the scope of work, the value of the work, unit prices, lump sum and the time limit. The elucidation lists volume, administrative and technical requirements, guarantees and progress reports, and says the time limit includes the maintenance period.
- What to write down
- The drawings, specifications and quantity list that the price rests on.
- Point (Pasal 47(1))
- c. Period of coverage
- What the law says it covers
- The time for the work and for the maintenance that the provider answers for.
- What to write down
- Start date, end date and the length of the maintenance period; the law gives no number.
- Point (Pasal 47(1))
- d. Equal rights and duties
- What the law says it covers
- The owner: the right to the result, the duty to keep what was agreed. The provider: the right to information and payment, the duty to do the work. The elucidation names the building permit and the handing over of the site among the documents the owner must provide.
- What to write down
- What the owner hands over and by when.
- Point (Pasal 47(1))
- e. Workers
- What the law says it covers
- The duty to employ certified construction workers.
- What to write down
- The names and SKK numbers of those who lead the work.
- Point (Pasal 47(1))
- f. Payment
- What the law says it covers
- The owner's duty to pay for the result, including the guarantee of payment. The elucidation: payment periodically, by percentage of progress, or in one sum after completion.
- What to write down
- The payment schedule tied to stages.
- Point (Pasal 47(1))
- g. Default (wanprestasi)
- What the law says it covers
- Responsibility if a party does not do what was agreed. The elucidation lists not doing it, doing it wrongly, doing it late and doing what is forbidden, and names compensation, costs, more time, repair or redoing the work, and damages.
- What to write down
- What each kind of default costs the party in default.
- Point (Pasal 47(1))
- h. Settlement of disputes
- What the law says it covers
- The procedure for settling a disagreement; the elucidation adds the place and way, and names deliberation, mediation, arbitration or the court.
- What to write down
- The stages and the place; see the section on disputes.
- Point (Pasal 47(1))
- i. Termination
- What the law says it covers
- Termination that arises because a party cannot meet its obligation. The Civil Code adds a rule for the owner: he may end the contract when he wishes, even after the work has begun, if he fully compensates the builder for all the costs spent on the work and for the profit lost (KUHPerdata Pasal 1611).
- What to write down
- The grounds, the notice, and what happens to work done and to payments, including what the owner pays if he ends it early.
- Point (Pasal 47(1))
- j. Force majeure
- What the law says it covers
- Events beyond the will and ability of the parties that cause loss to one of them. The elucidation: absolute and relative, and the risk may be placed with an insurer.
- What to write down
- Who bears which risk, and what insurance covers it.
- Point (Pasal 47(1))
- k. Building failure
- What the law says it covers
- The duties of the provider and/or the owner for a building failure, and the period of responsibility.
- What to write down
- The period in years; see the section on defects and building failure.
- Point (Pasal 47(1))
- l. Protection of workers
- What the law says it covers
- The duties of the parties for safety, health and social security of the workers.
- What to write down
- Who is responsible for the people on your site.
- Point (Pasal 47(1))
- m. Protection of third parties
- What the law says it covers
- The duties of the parties if an event causes loss, an accident or a death to people other than the parties and the workers. The elucidation: it applies during the period of coverage.
- What to write down
- Insurance for neighbours and passers-by, and its limits.
- Point (Pasal 47(1))
- n. The environment
- What the law says it covers
- The duties of the parties under the environmental rules.
- What to write down
- What the contract assigns to whom.
- Point (Pasal 47(1))
- o. Guarantee of risk and liability
- What the law says it covers
- A guarantee of the risks that arise in the work and of legal liability to others or from a building failure. The elucidation: it need not be a financial guarantee.
- What to write down
- The insurance or guarantee named, with its limits.
- Point (Pasal 47(1))
- p. Choice of dispute settlement
- What the law says it covers
- The chosen way of settling construction disputes.
- What to write down
- One clear path, not several.
Documents and language
The documents. The contract is made of several documents: the signed agreement (the parties, the considerations, the scope of work, the price and the period, and the list of binding documents in order of rank), the special conditions, the general conditions, the owner's documents on which the offer was based (specifications, drawings, the list of quantities and prices), the builder's offer, minutes of what was agreed while the offer was evaluated, and the statements of acceptance and of ability (PP 22/2020 Pasal 76). A contract paid for from state funds uses standard documents; one paid for from other money may use standard documents as the parties agree (Pasal 77, as replaced by PP 14/2021).
What the special conditions hold. The elucidation of Pasal 76 letter b lists what they contain at least, among others the maintenance period, repair of quality defects, the building age, payment of bills, the advance payment, partial handover, price adjustment, fines and settlement of disputes. That list speaks of the government project official, so it was written with public contracts in mind; for a private house it is a checklist, not a duty.
Language. The contract is made in Indonesian. If it is made with a foreign party it must be in Indonesian and English, and in a dispute with a foreign party the Indonesian version is used (UU 2/2017 Pasal 50). The text does not say whether a foreign owner is a "foreign party". Where the contract is made with a subcontractor, the same rules on contents apply (Pasal 49), and the design contract must also deal with intellectual property (Pasal 48(a)).
Price systems and changes
The contract takes its form from three choices: how the construction is organised (design-bid-build, design-build and others), how payment is made, and how the result is measured (PP 22/2020 Pasal 75(4)). The measuring systems are lump sum (a fixed price for the agreed work), unit price (based on quantities measured jointly), a mix of both, percentage of value by stage, cost plus an agreed fee (cost reimbursable), and target cost (Pasal 82(1)). A lump sum can change with a change of scope that both parties agree (Pasal 82(3)).
The law fixes no price. The output of design includes the calculations, the design, the technical specifications, the quantity list and the cost estimate (PP 22/2020 Pasal 47(6)). Our reading, not a text: quotes can be compared only if the builders price the same design documents; where one quote leaves out an element another includes, the difference is in the scope, not in the price.
Changes. For a building made under a fixed-price contract to a plan agreed with the owner, the Civil Code says the architect or contractor cannot claim extra price for higher wages or material costs, nor for changes or additions that are not in the plan, unless the changes were approved in writing and the price agreed with the owner (KUHPerdata Pasal 1610). Ask for every change, with its price, in writing before the work is done.
- Peraturan Pemerintah Nomor 22 Tahun 2020, Pasal 47 ayat (6) dan Pasal 82 6 October 2026
- Kitab Undang-Undang Hukum Perdata, Pasal 1610 6 October 2026
Payment, guarantees and insurance
How to pay. The contract chooses between payment up front, by progress or by month, by milestone or term, or turnkey, in one sum after the work is done (PP 22/2020 Pasal 81(1)). The terms of payment state the period for payment, compensation for late payment, any guarantee and the document that shows the owner's ability to pay (Pasal 81(2)). The texts we read set no percentage for an advance, no retention and no penalty for delay in a private contract; the contract decides, and compensation for late delivery or late payment is what the contract agrees (UU 2/2017 Pasal 54(2) and 56(2)).
The owner's duties. The owner is responsible for the cost as agreed in the contract (Pasal 55(1)). Proof of the ability to pay can be a document from a bank or other financial institution, a budget document or another document the contract names (Pasal 55(3) and (4)). Where the ability to pay is the proof, the owner must pay what is due on time and in the right amount (Pasal 56(1)). The provider must hand over the work at the right cost, quality and time stated in the contract (Pasal 54(1)).
Staged payment and acceptance. When work is done and paid part by part, the Civil Code lets the owner inspect each part, and treats every part that has been paid for as inspected (KUHPerdata Pasal 1608). The Code does not say what follows from that presumption for a defect found later. Whether the law ties a payment to an inspection by the supervisor is not stated; the contract should.
The crew's claim against the owner. Masons, carpenters, ironworkers and other craftsmen put to work on a building or another thing made under contract may claim against "orang yang mempekerjakan mereka membuat barang itu" (the person who put them to work making the thing), but only for the sum that is owed to the builder (pemborong) when they make the claim (KUHPerdata Pasal 1614). The text does not name that person. Because the claim is limited to "sejumlah uang yang harus dibayarkan kepada pemborong" (the sum still owed to the contractor), the person answerable must be the one who owes the builder, which on our reading is the owner. Money the owner has already paid the builder is not owed twice; money still owed can be claimed by the crew. The Code does not say how a claim is made or proved, or whether the rule covers a crew that a subcontractor employs.
Guarantees. Before 2023 the law listed bid, performance, advance payment, maintenance and appeal guarantees that a provider gives to the owner (UU 2/2017 Pasal 57); UU 6/2023 deleted that article. What remains is that the contract must state the guarantee of payment (Pasal 47(1)(f)) and the guarantee of risks and of building failure (Pasal 47(1)(o)), and the regulation names the guarantee among the payment terms (PP 22/2020 Pasal 81(2)(c)). A performance guarantee is still the base of the administrative fine of a builder who does not repair a building failure, 5 percent of its value (Pasal 166(2)); the texts do not say who must give one in a private contract.
Insurance. The provider's duty to replace or repair a building failure can be passed to an insurer, and so can the duty to pay damages for it; the elucidation names professional indemnity insurance and building insurance (PP 22/2020 Pasal 89(1) and 90(5); Penjelasan Pasal 89). The insurance cost that falls on the provider is part of the cost of the service (Pasal 90(6)(b)).
The permit before the work. Physical work needs the land, in part or in whole, and the permits the law requires (PP 22/2020 Pasal 53(4)); the elucidation of UU 2/2017 Pasal 47(1)(d) names the building permit as a document the owner must provide. The permits are on the page on building permits.
- Peraturan Pemerintah Nomor 22 Tahun 2020, Pasal 53, 81, 89, 90 dan 166 6 October 2026
- Undang-Undang Nomor 2 Tahun 2017, Pasal 47, 54, 55, 56 dan Penjelasan Pasal 47 6 October 2026
- Undang-Undang Nomor 6 Tahun 2023, Pasal 52 angka 21 6 October 2026
- Kitab Undang-Undang Hukum Perdata, Pasal 1608 dan 1614 6 October 2026
Supervision during the work
Who supervises. The owner does, to make sure that the technical requirements and the administrative requirements of the contract are met (PP 22/2020 Pasal 49(1) and (2)). The owner may use a supervising consultant (konsultan pengawas) with the competence and the legal requirements, and the consultant then acts for and in the name of the owner as the contract provides (Pasal 49(3) and (4)). No text we read requires a private owner to hire one. PP 16/2021 speaks of supervision by a supervision or construction management provider at every stage (Pasal 59(8)); the page on building permits explains the route in which a small house is built without a supervisor and the government inspector (Penilik) gives the fitness statement.
What the consultant does. At least: evaluate and approve the quality plan and the construction safety plan of each activity, supervise the quality of the process and of the result, and supervise the application of construction safety (PP 22/2020 Pasal 50(1)). The consultant may give permission for work that meets the requirements and stop any work that does not meet the requirements of safety, security, health and sustainability, answers for the result of the work within its duties, and reports regularly to the owner as the contract provides (Pasal 50(2) and (3)). The designer of the building also does periodic supervision (pengawasan berkala) (PP 16/2021 Pasal 60(1)(b)), and an architect's services include the supervision of the architectural aspects (UU 6/2017 Pasal 4(2)(f)).
A construction management consultant (konsultan manajemen konstruksi) does more: quality assurance from the start of procurement to the final handover, help with approving or refusing changes of the contract, and a check of the payment bills (PP 22/2020 Pasal 51A, inserted by PP 14/2021).
Stages and inspections. The building regulation sets the order: preparation, work, testing and handover (PP 16/2021 Pasal 59(3)). The work runs in the order substructure, basement, superstructure, architecture, then mechanical, electrical and plumbing (Pasal 59(7)); it begins after the supervisor has approved the documents of the preparation (Pasal 59(6)). The supervisor tells the kabupaten through SIMBG at the start and at the end of every stage (Pasal 59(9) and (10)). The builder may not go on to the next stage before the kabupaten has inspected and said the work may continue (Pasal 59(11)); the kabupaten must inspect within 3 working days of the notice, and if it does not, the applicant may go on (Pasal 265(4) and (5)). At the inspection the supervisor must hand the supervision report to the Penilik, and the result rests on what the inspector sees and on that report (Pasal 266(3) and (4)).
What the texts do not say. They do not say who pays the supervisor, or that the supervisor must be independent of the builder. A consultant who acts for the owner (Pasal 49(4)) is one the owner contracts; the contract should say whom the supervisor reports to and who pays.
- Peraturan Pemerintah Nomor 22 Tahun 2020, Pasal 49 dan 50 6 October 2026
- Peraturan Pemerintah Nomor 14 Tahun 2021, Pasal 51A 6 October 2026
- Peraturan Pemerintah Nomor 16 Tahun 2021, Pasal 59, 60, 265 dan 266 6 October 2026
- Undang-Undang Nomor 6 Tahun 2017 tentang Arsitek, Pasal 4 ayat (2) 6 October 2026
Structure and safety standards: SNI only as the texts name them
This section records which texts require which standards. It does not say whether a design or a piece of work meets them: that is an engineer's judgement and no advice is given here.
The law. In every construction service the owner and the provider must meet the Standards of Security, Safety, Health and Sustainability (UU 2/2017 Pasal 59(1), as replaced by UU 6/2023). As amended, PP 22/2020 lists their minimum content: the quality of materials and of equipment, work safety and health, the procedure of the work, the quality of the result, operation and maintenance, the protection of workers and environmental management (Pasal 84G(6), inserted by PP 14/2021). The technical minister sets them and must take account of earthquake-prone geography (Pasal 84H).
The building. The building regulation says the structure must be planned to be strong, stable and serviceable over its design life, must take the design earthquake into account according to the earthquake risk and the performance level of the structure, may be of concrete, steel, wood, bamboo or special materials, and must be worked out by engineering calculation (PP 16/2021 Pasal 29(2), (6), (7) and (8)).
SNI. The articles of PP 16/2021 that we read name no numbered standard. The law on standardisation says that an SNI is applied voluntarily or made mandatory (UU 20/2014 Pasal 20(2)), and that anyone may apply it voluntarily (Pasal 21(1)). The construction law gives the central government the task of setting and increasing the use of material and equipment quality standards in line with the SNI (UU 2/2017 Pasal 5(5)(e)). A presentation of the Ministry of Public Works (Directorate General of Cipta Karya, published on its Si-JACK site in July 2025) lists, as references for the structure aspect of PP 16/2021 Pasal 29: SNI 1727:2020 (minimum loads), SNI 1726:2019 (earthquake resistance), SNI 8460:2017 (geotechnical design), SNI 2847:2019 (structural concrete), SNI 2052:2017 (reinforcing steel) and SNI 8140:2016 (structural concrete for houses). A presentation is not a regulation. We did not find a regulation that makes these standards mandatory for a private house, and we did not read the ministerial regulation 29/PRT/M/2006 that the presentation also lists.
Safety management of the site. The user and the provider must apply the construction safety management system, SMKK (PP 16/2021 Pasal 61(1); PP 22/2020 Pasal 84I(1), inserted by PP 14/2021). It covers the engineering safety of the structure, the safety and health of the workers, public safety and the safety of the environment (Pasal 84I(4)).
- Undang-Undang Nomor 6 Tahun 2023, Pasal 52 angka 1 dan 23 6 October 2026
- Peraturan Pemerintah Nomor 14 Tahun 2021, Pasal 84G, 84H dan 84I 6 October 2026
- Peraturan Pemerintah Nomor 16 Tahun 2021, Pasal 29 dan 61 6 October 2026
- Undang-Undang Nomor 20 Tahun 2014 tentang Standardisasi dan Penilaian Kesesuaian, Pasal 20 dan 21 6 October 2026
- Kementerian Pekerjaan Umum, Direktorat Jenderal Cipta Karya, Standar Konstruksi dan Peraturan Bangunan Gedung (Si-JACK, Juli 2025) 6 October 2026
Testing, handover and the maintenance period
Testing and the fitness statement. After the supervisor declares the mechanical, electrical and plumbing work finished, testing follows (PP 16/2021 Pasal 59(12) and (13)); if the test finds a mismatch, the builder must correct it until the kabupaten declares it in order (Pasal 59(14)). Handover takes place after the supervisor issues the statement that the building is fit for its function (Pasal 59(15) and 60(6)). The SLF, the certificate that lets anyone use the building, is on the page on building permits.
Two handovers. The texts name them: the first handover (serah terima pertama, "provisional hand over") ends the supervision of the work stage, and the final handover (serah terima akhir, "final hand over") ends the maintenance stage (PP 16/2021 Pasal 60(3) and (4)). PP 22/2020 Pasal 84Y, inserted by PP 14/2021, calls the time from the first to the final handover the handover stage of the safety system. Between them is the maintenance period, the part of the period of coverage that the provider answers for (UU 2/2017 Pasal 47(1)(c)).
What the texts do not say. We found no number for the length of the maintenance period, no rule on what the owner may hold back until the final handover, no description of the condition the building must be in for the first handover and no document that records either handover. The elucidation of PP 22/2020 Pasal 76 lists partial handover and repair of quality defects among the contents of the special conditions, so the contract is where they belong.
As-built drawings. After the final handover the safety system continues into operation and maintenance, and the owner is to refer to the as-built drawings, the as-built documents and the operating safety guide (PP 22/2020 Pasal 84Z(2), inserted by PP 14/2021). Ask for them at handover.
Where the failure period starts. A building failure is a collapse of the building and/or the building not functioning "after the final handover of the result of the construction service" (UU 2/2017 Pasal 1 angka 10; PP 22/2020 Pasal 1 angka 12). The statute says "penyerahan akhir", the regulations say "serah terima akhir"; we read them as the same event, but no text says so.
- Peraturan Pemerintah Nomor 16 Tahun 2021, Pasal 59 dan 60 6 October 2026
- Peraturan Pemerintah Nomor 14 Tahun 2021, Pasal 84Y dan 84Z 6 October 2026
- Undang-Undang Nomor 2 Tahun 2017, Pasal 1 angka 10 dan Pasal 47 6 October 2026
- Peraturan Pemerintah Nomor 22 Tahun 2020, Pasal 1 angka 12 dan Penjelasan Pasal 76 6 October 2026
Defects and building failure
Two different things. A defect found during the work or in the maintenance period is a matter of the contract: the elucidation of PP 22/2020 Pasal 76 lists the maintenance period and the repair of quality defects among the contents of the special conditions. A Kegagalan Bangunan, a building failure, is narrower and defined by law: a collapse of the building and/or the building not functioning, after the final handover (UU 2/2017 Pasal 1 angka 10). PP 22/2020, as amended, says collapse means most or all components of the building are damaged and cannot be operated, and not functioning means not as planned and/or not meeting the standards of security, safety, health and sustainability (Pasal 85A, inserted by PP 14/2021).
Who decides. An expert assessor (Penilai Ahli) determines whether there is a building failure (UU 2/2017 Pasal 60(2); PP 22/2020 Pasal 85(1), as replaced by PP 14/2021). The assessor may be a person, a group or an institution; must hold an expert-level SKK of at least ahli madya and at least 10 years of experience in the classification of the building; and must work professionally and not be part of either party (PP 22/2020 Pasal 85J and 85H(1); UU 2/2017 Pasal 62(2)). The assessment is final and binding (PP 22/2020 Pasal 85N(3); Permen PUPR 8/2021 Pasal 38(4)). The texts do not say whether a court is bound by it.
How to report. The owner, the person responsible for the building or anyone harmed can report a failure (PP 22/2020 Pasal 85D(1)). The report goes to the Minister through LPJK within 3 calendar days after the failure (Permen PUPR 8/2021 Pasal 25(3); PP 22/2020 Pasal 85D(2) and (4)). It states the name and the place of the building, the owner, the kind of collapse or loss of function, the time, photos or other proof and the identity of the reporter (Pasal 85D(3)). UU 2/2017 Pasal 66 says the Minister, PP 14/2021 says LPJK; the ministerial regulation joins the two. LPJK assigns the assessor within 30 working days of the report (PP 22/2020 Pasal 85L(2)); the assessor reports within 90 working days of the start of the task (Pasal 85N(2)). The assessor works under an agreement with the owner that states the cost (Pasal 85M); the cost is charged to the party found responsible, and until that is known first to the owner (Permen PUPR 8/2021 Pasal 30(2) and (3)).
Who answers, and for how long. The provider must replace or repair a building failure caused by its fault (UU 2/2017 Pasal 63). It answers for the period set by the design life of the building (rencana umur konstruksi); if the design life is more than 10 years, for at most 10 years from the date of the final handover; after that period the owner answers (Pasal 65(1) to (3)). The design life and the period must be written in the contract (Pasal 65(4); PP 22/2020 Pasal 87). If the assessor's decision differs, the assessor's decision governs (PP 22/2020 Pasal 86(4)). A designer answers while the design documents are not changed; a supervisor and a builder answer by reference to the contract documents (Pasal 88).
Compensation. Whoever the assessor finds responsible must compensate those harmed: for a death, a permanent disability, medical costs actually paid, and destroyed, damaged or lost property (PP 22/2020 Pasal 90(1) and (3)). The competent authority sets the amount on the assessor's report, and payment must start within 30 calendar days of that decision (Pasal 90(2) and (4)). The repair and the compensation may be passed to an insurer (Pasal 89 and 90(5)).
If the builder does not repair. It receives a written warning and an administrative fine of 5 percent of the value of its performance guarantee; if after 30 calendar days it has neither started the repair nor paid, its services are stopped for a time; after another 30 days it is put on the blacklist and its business licence is frozen, and after a further 30 days the licence is revoked (PP 22/2020 Pasal 166(1), (2), (3), (6) and (8)). These sanctions are public sanctions; they do not pay the owner.
The Civil Code adds an older rule. If a building made under contract for a fixed price collapses, wholly or in part, because of a defect in its composition or because the ground is unfit, the architects and the contractors are responsible for ten years (KUHPerdata Pasal 1609). The two rules overlap and do not match: the Code speaks of collapse from a defect or unfit ground and names architects and contractors; the construction law covers collapse and not functioning, runs for the design life up to 10 years from the final handover, and names the provider and then the owner. UU 2/2017 Pasal 40 says civil law governs the contract unless the construction law says otherwise. No text we read says which rule a court applies when both could. A contractor also answers for the acts of the people he employs (Pasal 1613).
- Undang-Undang Nomor 2 Tahun 2017, Pasal 1 angka 10, Pasal 60 sampai 67 6 October 2026
- Peraturan Pemerintah Nomor 14 Tahun 2021, Pasal 1 angka 58, Pasal 85 sampai 85N 6 October 2026
- Peraturan Pemerintah Nomor 22 Tahun 2020, Pasal 86 sampai 90 dan 166 6 October 2026
- Peraturan Menteri PUPR Nomor 8 Tahun 2021, Pasal 25, 26, 30, 38 6 October 2026
- Kitab Undang-Undang Hukum Perdata, Pasal 1609 dan 1613 6 October 2026
If it goes wrong: the dispute clause, mediation, arbitration, court
The law's order. A dispute under the contract is first settled by deliberation to reach agreement (UU 2/2017 Pasal 88(1)), in good faith (PP 22/2020 Pasal 92(1)). If that fails, the parties follow the stages written in the contract (Pasal 88(2)); if the contract names none, they make a written agreement on the procedure (Pasal 88(3)). The stages the law lists are mediation, conciliation and arbitration (Pasal 88(4); PP 22/2020 Pasal 93(1)); the process can stop at a stage where the dispute is settled (Pasal 93(2)).
The court. Pasal 88 does not list a court. The elucidation of Pasal 47(1)(h) says the contract may choose deliberation, mediation, arbitration or the court, and the contract must state the way (Pasal 47(1)(h) and (p)). The page on disputes sets out the civil court, its compulsory mediation and the other routes.
Principles. Settlement should be fast, cheap, certain in law and keep good relations, and the case is not opened to the public unless the parties or the court decide otherwise (PP 22/2020 Pasal 91(2)).
A dispute board. The parties may also appoint a dispute board (Dewan Sengketa) to prevent and settle disputes during the work. It exists only if the contract says so and the board and the parties sign a tripartite agreement (PP 22/2020 Pasal 93(3) and 94(1)). It has an odd number of members and its cost is shared equally (Pasal 94(5) and 96(1)). If no party objects within 28 calendar days, its decision is final and binding; an objection sends the dispute to the next stage (Pasal 95(2) and (3)).
Public sanctions. A person or firm that works without the business licence can be given a warning, a fine or a temporary stop of the work (UU 2/2017 Pasal 89, as changed in 2023); a firm that works without an SBU, a fine, a temporary stop or a place on the blacklist (Pasal 90(1)); a provider or user that does not meet the safety standards, sanctions from a warning up to the blacklist and the freezing or revocation of the business licence (Pasal 96(1), as changed in 2023). These do not pay the owner either. LPJK runs a complaint service on SIKI that asks the user to log in or register; we did not create an account, and we did not confirm whether LPJK acts on a private owner's complaint about a builder. A complaint about a licensed professional is on the page on how to check a professional.
- Undang-Undang Nomor 2 Tahun 2017, Pasal 47 dan Penjelasan, Pasal 88 6 October 2026
- Peraturan Pemerintah Nomor 22 Tahun 2020, Pasal 91 sampai 96 6 October 2026
- Undang-Undang Nomor 6 Tahun 2023, Pasal 52 angka 28 dan 30 6 October 2026
- LPJK, Layanan Pengaduan 6 October 2026
What we could not confirm
What a search of the LPJK registers returns. The search pages carry a bot check, and we did not run a search.
Which SBU classification and qualification a house needs. The thresholds are left to a ministerial regulation (PP 22/2020 Pasal 40) that we did not read.
Whether the duty of SBU and SKK is enforced against a small crew or a private owner in Bali, and whether there is an exemption for a small house or for a traditional builder (undagi).
Whether the owner's own plan for a small house and PP 15/2021 Pasal 30(6) fit together.
The length of the maintenance period, any retention, advance payment or penalty for delay in a private contract: no text sets them, and standard contract documents are required only for state money.
What document records the first or the final handover of a private house, and what each handover changes in law. The texts name them in the supervision and safety articles and do not define them in the articles we read.
Whether a court is bound by the final and binding decision of the assessor, and which of KUHPerdata Pasal 1609 and UU 2/2017 Pasal 65 a court applies.
Whether the "foreign party" of UU 2/2017 Pasal 50 includes a foreign owner of a house.
Whether any SNI is mandatory for a private house. We found no such regulation and did not read the ministerial regulation 29/PRT/M/2006 or the lists of the national standards agency.
Whether LPJK acts on a complaint of a private owner, and how its online complaint service works behind the login.
The rules on arbitration (UU 30/1999) and the tax on construction work, which are not covered here. We read PP 22/2020 and PP 14/2021 as two texts: no consolidated official text was found, and the main text of PP 14/2021 is a scan, so the figures that matter were checked on the page images.
Questions to put to the builder, the supervisor and the office
To the builder: What is the number of your SBU, with its classification and qualification and its expiry? Which NIB and which business licence do you hold? Who signs, and is it the firm on the SBU? What are the names and SKK numbers of the people who lead the work? Which parts will a subcontractor do, and who is it? (The main work may go only to a specialist subcontractor with my consent: UU 2/2017 Pasal 53.) Have you paid your crew for the work done so far, and will you show me the proof?
To the designer: Which drawings, specifications, calculations and quantity list will I receive, and which standards were used? Does the design state the design life of the structure? Who prepares and who submits the PBG documents?
To the supervisor: Whom do you report to, and who pays you? When will I receive your reports? May you stop work that fails the quality or safety plan, and will you? Who issues the statement that the building is fit for its function?
In the contract: Are all sixteen points of UU 2/2017 Pasal 47 covered, in Indonesian? Is each payment tied to a stage and to a written inspection? Is the maintenance period, the design life and the failure period written in years? Is every change priced in writing before it is made? Which documents are handed over at the first and the final handover, including the as-built drawings? Which insurance covers the work, the workers and third parties? Which path settles a dispute? What do I owe the builder if I end the contract early, and is it written down (KUHPerdata Pasal 1611)?
To the technical office of the kabupaten: When will the inspection of each stage take place, and how will I be told through SIMBG? Keep every report, photo, inspection record and signed minute: they are the proof you will be asked for.