The Determination of the Time Period and the Burden of Responsibility of Construction Services Organizer upon the Building Failure on the Public Facilities Building

Abstract

Public facility building is a part of national development program with the financing of state finance should be enjoyed until the end of age of construction plan. To eliminate the potential of state loss and guarantee public safety on building failure, so time period of responsibility on building failure of public facility building should be until the end of age of construction plan, with responsibility burden both administration and civil and also criminal laws. Constitution number 2 of the year 2017 about Construction Service only regulates the time of responsibility upon building failure at most 10 years with responsibility burden only on administration and civil, without criminal. This determination could potentially causes a state loss and threatening public safety. This determination has the potential to cause norm conflict, legal uncertainty and legal vacuum in legal arrangement of time period and responsibility burden on building failure  in order to ensure the realization of the right to public facilities building budget, appropriate quality, timely and proper utilization for the national development of Indonesia.

Keywords: Public Facility Building, Building Failure, State Loss, Public Safety