PENYELESAIAN TERHADAP PENYEDIA JASA KONSTRUKSI YANG TIDAK MENYELESAIKAN SERAH TERIMA KEDUA (FINAL HANDOVER)

Abstract

The Second Handover (Final Handover) is a crucial stage in the provision of construction services, marking the end of the maintenance period and the transfer of full responsibility from the service provider to the service user. In practice, construction service providers often fail to implement or complete the Final Handover (FHO) process, creating legal uncertainty regarding responsibility for work results, the return of maintenance guarantees, and potential disputes between the parties.

This research is a normative-empirical legal study, therefore, it examines not only the law as a norm enshrined in various laws and regulations, but also its implementation. The results indicate that the Bengawan Solo River bank protection project in Lebaksari and Tanggungan Villages, Bojonegoro Regency, suffered significant damage after the Provisional Handover (PHO), with more than 270 meters of the total 980 meters of structure not functioning properly. Although the project has not yet entered the FHO stage, the service provider remains obligated to repair the damage that occurred during the maintenance period. Several factors contributed to the failure of the FHO completion project, including weaknesses in initial planning and design, work execution not meeting technical specifications, weak supervision, and lack of coordination with technical institutions such as the BBWS. Furthermore, it was found that social conditions on the ground, such as issues with community-owned land, and limited contractor capacity, also contributed to this problem.

Given the above conditions, it is recommended that the Bojonegoro Regency Public Works and Water Resources Agency tighten technical oversight mechanisms and involve more parties in the planning process. Furthermore, it is crucial for contractors to improve their professionalism and be accountable for the quality of their work