IMPLEMENTATION OF ARTICLE 7 OF LAW NUMBER 2
OF 2017 CONCERNING CONSTRUCTION SERVICES IN
ADVANCING THE CONSTRUCTION SERVICE
INDUSTRY PARTICULARLY IN LAMPUNG PROVINCE
Ino Susanti1 Univercity of Saburai.
Indonesia.
inosusanti22@gmail.
Abstract The implementation of construction services is a government authority both central and regional in order to improve the quality of construction services, especially in rural areas which has become the responsibility of the Regional Government, specifically the Provincial Government.
In terms of improving the quality.
Law Number 2 of 2017 concerning Construction Services establishes the authority of the Regional Government, especially the Provincial Government, to contribute to advancing the quality and construction services industry in the provincial area.
The problems that will be discussed in this problem are how is the implementation of Article 7 of Law Number 2 of 2017, what are the obstacles in implementing Article 7 of Law Number 2 of 2017, and how is the policy of the Lampung Province Construction Services Supervisory Team in advancing the construction services industry, especially in Lampung Province.
The Research Results of the Implementation of Article 7 of Law Number 2 of 2017 concerning Construction Services in advancing the construction services industry, particularly in Lampung Province are currently not running effectively and optimally, the obstacles faced include: Lack of role of the construction services community.
Lack of experts who have certificates of expertise.
Not maximizing training and coaching activities and technical guidance, and Government budget to conduct coaching and training for the limited construction services community.
The policy of the construction services supervisory team are: Increasing the Socialization of Legislation related to Construction Services.
Creating regional regulations of Lampung Province related to construction services, and Improving the quality and quantity in organizing technical guidance training and certification.
Keywords: Implementation.
Construction Services Law.
Lampung Province.
JOURNAL DROIT CONSTITUTIONAL AND ADMINISTRATIVE POLICY
Abstrak Pelaksanaan jasa konstruksi merupakan suatu kewenangan pemerintah baik pusat maupun daerah.
Bahwa dalam meningkatkan kualitas jasa konstruksi khususnya di daerah menjadi tanggungjawab Pemerintah Daerah yakni Pemerintah Daerah Provinsi.
Permasalahan yang akan dibahas dalam permasalahan ini yaitu Bagaimanakah implementasi Pasal 7 Undang-Undang Nomor 2 Tahun 2017.
Apa yang menjadi kendala dalam mengimplementasikan Pasal 7 Undang-Undang Nomor 2 Tahun 2017.
Bagaimanakah kebijakan Tim Pembina Jasa Kontruksi Provinsi Lampung dalam memajukan dunia usaha jasa konstruksi khususnya di Provinsi Lampung.
Hasil Penelitian dari Implementasi Pasal 7 Undang-Undang Nomor 2 Tahun 2017 Tentang Jasa Konstruksi dalam memajukan dunia usaha jasa konstruksi khususnya di Provinsi Lampung saat ini belum berjalan dengan efektif dan maksimal.
Kendala yang dihadapi diantaranya yaitu:Kurangnya peran masyarakat jasa konstruksi.
Masih minimnya tenaga ahli yang memiliki sertifikat keahlian.
Masih belum maksimalnya kegiatan pelatihan dan pembinaan serta bimbingan teknis.
Anggaran Pemerintah untuk melakukan pembinaan dan pelatihan bagi masyarakat jasa konstruksi yang terbatas.
Kebijakan tim pembina jasa kontruksi yaitu: Meningkatkan Sosialisasi tentang Peraturan Perundang-Undangan terkait Jasa Konstruksi.
Membuat peraturan daerah Provinsi Lampung terkait jasa konstruksi.
Meningkatkan kualitas maupun kuantitas dalam menyelenggarakan pelatihan bimbingan teknis dan sertifikasi.
Kata Kunci: Implementasi.
Undang-Undang Jasa Konsruksi.
Provinsi Lampung.
INTRODUCTION
Indonesia is a developing country, therefore, it is inseparable from various infrastructure developments, be it the construction of roads, buildings, housing, facilities, and various other infrastructures.
The projects in construction itself are partly filled by government projects while the rest are acquired by private companies.
In terms of its development, the construction sector not only has an impact on economic life but also has a positive impact on the social life of the community.
The relationship between economic and social progress can be seen from the work of construction industry players.
The existence of various kinds of construction work such as schools, business centers, government buildings, bridges, and highways will create economic movement as well as support the socio-cultural life of a nation.
The world of Indonesian Construction Services faces the challenges of the globalization era, started by the implementation of the Asean free market or single market better known as AEC (Asean Economic Communit.
in December 2015, a free market
JOURNAL DROIT CONSTITUTIONAL AND ADMINISTRATIVE POLICY
space in competing among others within the scope of G to G (Government to Governmen.
and B to B (Business to Busines.
including in the field of construction services business sector.
In facing the free market, it is necessary to have the seriousness, dedication, integrity, sincerity, and political will of all state administrators and the community to ensure that Indonesia is ready to face the free market or AEC, especially in the construction services sector.
The national development of a nation cannot be separated from the implementation of construction, infrastructure, and property development.
The construction sector has become one of the important sectors of the national economy in both developed and developing countries.
Advanced infrastructure development indicates that the nation has advanced its economy which means that the welfare of its people is more secure and will attract investment from other nations.
Various regulations or laws that are formalized to protect the entire community as well as provide freedom for investors to develop their investments were formed and issued by the Republic of Indonesia Law Number 18 of 1999 concerning Construction Services which was later replaced by Law Number 2 of 2017 concerning Construction Services.
In addition, the strategic environment has changed significantly so that it requires harmonization of laws and regulations as an effort to improve aspects of guidance, administration, law enforcement, and community participation as well as security, safety, health, and sustainability (K.
construction must receive attention from all parties involved in the field of construction services.
It is known that the construction services sector is an activity to support the realization of national development goals.
Construction Services is one of the economic activities that have an important role in achieving various goals in order to support the realization of national development The construction services sector is regulated by Law Number 18 of 1999, which was promulgated on May 7, 1999, and came into force one year later, on May 7, 2000.
The Construction Services Act is one form of national law building products that are extraordinary because the substance relating to all aspects of construction services is regulated in full and in detail, both in Law Number 18 of 1999 itself and in government regulations as implementing regulations (Abdulkadir Muhammad 2.
JOURNAL DROIT CONSTITUTIONAL AND ADMINISTRATIVE POLICY
Related to national development goals, the development of construction services is directed to have competitiveness and the ability to carry out construction service work efficiently and effectively, while a solid business structure is reflected in the realization of synergistic partnerships between service providers, both large, medium and small scale, as well as those with general, specialist and skilled qualifications.
It is also necessary to realize the orderly implementation of construction services to ensure equality of position between service users and service providers in rights and obligations (Irawan Taufik 2.
Building construction or construction projects do have unique characteristics, including workplaces in open spaces that are affected by weather, limited work periods, use of untrained workers, use of work equipment that endangers occupational safety and health, and work that releases a lot of energy.
Based on these unique characteristics, the construction service sector has a risk of fatal accidents (Sihombing 2.
One of the unpreparedness of Indonesian construction services is facing free market competition in the performance of Construction Services Business Entities (BUJK).
With an open and competitive space, the ability of Indonesian BUJK is considered still not ready or not qualified to face it.
Faced with such a condition, it is necessary to strengthen individuals or trained and skilled experts who need to be prepared and trained both by the private sector and even by the government as a manifestation of political will to advance, protect and be highly competitive in the field of Indonesian construction services.
In that regard, currently, the level of work accidents in the construction services sector in Indonesia is still the highest compared to other ASEAN countries.
The proportion of work accidents in the construction services sector in Indonesia based on PUPR data is the most significant contributor along with the manufacturing industry, which is 32% .
hirty-two percen.
when compared to fabric fields such as transportation 9% .
ine percen.
, forestry 4% .
our percen.
and mining 2% .
wo percen.
For this reason, the implementation of safety, occupational health, and sustainability (SMK.
system certification is a top priority along with the implementation of training so as to reduce the high number of work accidents in Indonesia (Pamungkas and Rahayu 2.
Law Number 2 of 2017 concerning Construction Services also regulates the obligation of every service user and service provider to employ construction workers with JOURNAL DROIT CONSTITUTIONAL AND ADMINISTRATIVE POLICY a work competency certificate.
Preparing a workforce with a work competency certificate is not only the duty and responsibility of the central government but also the obligation of local governments, as stated in Article 7 of Law Number 2 of 2017 concerning Construction Services.
The phenomenon that occurs today, especially in Lampung Province, is that there are still various infrastructure projects that are not maximized and seem to be finished.
This has resulted in a decrease in the level of public satisfaction with government Therefore, the role of the Lampung Provincial Government in terms of providing guidance and organizing training for construction services is mandatory considering the growth of development in Lampung Province which is increasing every For this reason, it is necessary to pay serious attention to the Lampung Provincial Government in fostering stakeholders in the field of construction services so that the quality of construction services becomes better in accordance with the mandate of Law Number 2 of 2017 concerning Construction Services.
Based on the description above, the authors are interested in conducting research on construction services in Lampung Province, namely the extent to which the role of the Lampung Provincial Government in advancing the construction services industry in Lampung Province in accordance with Law Number 2 of 2017 concerning Construction Services.
CORE ISSUES
How is the implementation of Article 7 of Law Number 2 of 2017 concerning Construction Services in advancing the construction services industry, particularly in Lampung Province? What are the obstacles in implementing Article 7 of Law Number 2 of 2017 concerning Construction Services in advancing the construction services industry, particularly in Lampung Province? What is the policy of the Lampung Province Construction Services Supervisory Team in advancing the construction services industry, particularly in Lampung Province? JOURNAL DROIT CONSTITUTIONAL AND ADMINISTRATIVE POLICY RESEARCH METHODOLOGY The type of research used in this scientific paper is empirical juridical.
The types and sources of data used in this research are: .
Primary data, which is empirical data obtained from respondents based on the results of interviews.
Secondary data, which is data obtained through literature studies, legal references, and legislation on construction services.
RESULT AND DISCUSSION
Implementation of Article 7 of Law Number 2 of 2017 Concerning Construction Services in Advancing the Construction Industry Particularly in Lampung Province Indonesia is a developing country, therefore, it is inseparable from various infrastructure developments, be it the construction of roads, buildings, housing, facilities, and various other infrastructures.
The projects in construction itself are partly filled by government projects while the rest are acquired by private companies.
In terms of its development, the construction sector not only has an impact on economic life but also has a positive impact on the social life of the community.
The relationship between economic and social progress can be seen from the work of construction industry players.
The existence of various kinds of construction work such as schools, business centers, government buildings, bridges, and highways will create economic movement as well as support the socio-cultural life of a nation (Agung Nugroho 2.
Tubagus Rif'at as the Chairman of LPJK Lampung Province stated that the purpose of organizing construction services in accordance with Article 3 of Law Number 2 of 2017 concerning Construction Services, including:
provide direction for the growth and development of Construction Services to realize a strong, reliable, highly competitive business structure, and quality Construction Services results.
Realize the orderly implementation of Construction Services that guarantees equality of position between Service Users and Service Providers in carrying out rights and obligations, and increase compliance in accordance with the provisions of laws and regulations.
Realize increased public participation in the field of Construction Services.
JOURNAL DROIT CONSTITUTIONAL AND ADMINISTRATIVE POLICY
Organize a Construction Services system that is able to realize public safety and create a comfortable built environment.
Ensure good governance of the implementation of Construction Services.
Create value-added integration of all stages of the implementation of Construction Services.
Tubagus Rif'at added that the key factors in the development of construction services are increasing business capabilities, realizing the orderly implementation of construction work, and increasing the role of the community actively and independently in carrying out these two efforts.
Increasing business capabilities is supported by increasing professionalism and increasing business efficiency whereas the realization of the orderly implementation of construction work can be achieved through the fulfillment of rights and obligations and the equal position of the parties concerned.
The planning, supervision, and implementation system in a construction contract must follow the correct construction technical procedures, especially the awareness of each party in carrying out development in order to achieve the objectives of the implementation of the construction contract both for the community, nation, and country.
According to Sudi Hartono as Functional Supervisor of Construction Services of the PUPR Office of Lampung Province, every construction service company must have a construction service business license issued by the local government in its domicile and valid for all regions of Indonesia.
Business licenses are granted to construction service companies that already have classification and qualification certificates and business entity registration marks issued by the Construction Services Development Institute.
general, construction activities start from planning carried out by planning consultants and then implemented by construction contractors who are project managers/project These parties work in the office, while the implementation in the field is carried out by project foremen who supervise construction workers, builders, and other building experts to complete the physical construction.
The transfer of orders is carried out by the Field Executor.
In the implementation of this building, it is also supervised by a Supervision Consultant (Supervision Enginee.
Construction is usually carried out in integrated planning.
This is related to the method of determining the number of costs required, design, and other effects that will occur during A good planning schedule will determine the success of a building related JOURNAL DROIT CONSTITUTIONAL AND ADMINISTRATIVE POLICY to funding, environmental impact, environmental safety, material availability, logistics, public inconvenience related to construction work, preparation of tender documents, and so on.
The implementation of construction services is a government authority both central and regional (Panjaitan 2.
Improving the quality of construction services, especially in the regions, becomes the responsibility of the Regional Government, namely the Provincial Government.
In terms of improving this quality.
Law Number 2 of 2017 concerning Construction Services establishes the authority of the Regional Government, especially the Provincial Government, to contribute to advancing the quality and construction services industry in the provincial area (Hidayatullah and Hidayati 2.
According to Tubagus Rif'at, the issuance of Law Number 2 of 2017 concerning Construction Services provides a good space for the development and progress of construction services, including the existence of several rules that are firmer and more certain, in terms of the division of tasks for fostering construction services.
Some of these points include:
There is a clear division of tasks for the development of construction services which includes roles and duties for each central government, provincial government, and regency/city government.
The definition of construction services has been expanded to include supply chain activities, and construction activities so that it becomes a unity in the construction There is a strengthening for the Construction Services Development Institute (LPJK) at the national level because the secretariat will be carried out and financed by the government.
A little comfort and security in construction activities in terms of minimizing the criminalization of construction services where it has been regulated that the law apparatus can only process the law if an auditor process has been carried out by an official state institution.
According to the General Secretary of Lampung Province Construction Services Development Team.
Zainal Abidin, the duties and functions of the Provincial Government related to Construction Services in Lampung Province include:
JOURNAL DROIT CONSTITUTIONAL AND ADMINISTRATIVE POLICY
Data collection of projects in the region that have the potential to be carried out with a Government cooperation scheme with Business Entities.
Competence of Construction Experts Provincial coverage of Construction Services Information System Implementing guidance policies, disseminating laws and regulations, organizing training, technical guidance, and counseling on construction services.
Capacity of Construction Services business entities.
Supervision of orderly business, orderly implementation, and orderly utilization of construction services.
Guidance of Construction Services Development Institution and Construction services Association.
Technological capabilities, use, and added value of domestic construction services and products.
Market development and construction cooperation.
Furthermore.
Mr.
Zainal Abidin as General Secretary of the Lampung Province Construction Services Development Team explained that in accordance with the mandate of Article 7 of Law Number 2 of 2017 concerning Construction Services, the authority of the Provincial Government in the construction services sub-management includes:
Organizing training for construction service experts Implementation of a construction services information system covering the provincial area.
Implementation of construction expert training According to the General Secretary of the Lampung Province Construction Services Development Team.
Zainal Abidin, the implementation of training is carried out in several ways, including:
Identification of Types of Training The implementation of training for construction experts begins with identifying the type of training.
This is done in order to find out what are the needs of construction workers in carrying out the construction services business, by identifying it will find out what are the weaknesses and shortcomings that exist in JOURNAL DROIT CONSTITUTIONAL AND ADMINISTRATIVE POLICY experts and skilled workers in the field of construction, especially in Lampung Province.
Preparation of modules/standard operating procedures (SOP)/training guidelines Training services are carried out after identifying the type of training, then preparing modules related to standard operating procedures or training guidelines.
This is done in order for each training to have a guideline or foundation for carrying out these activities.
Preparation of teachers or instructors The next activity is to prepare teachers or instructors of training personnel in accordance with the training theme.
In this case, the instructors who are taken are those who already have expertise and competence in their fields and already have a certificate of expertise.
It is hoped that by preparing competent instructors, construction workers can understand and understand how to carry out construction service activities properly and professionally and thus have high competitiveness.
Implementation of Expert Training The next stage is the implementation of expert training activities, in the process of implementing training carried out on an ongoing basis, in this case, according to the type of training provided and the time specified.
Identification of potential cooperation and empowerment This is done with the Regional Government, in this case, carried out by the Lampung Province Construction Services Supervisory Team (TPJK) in collaboration with the Lampung Province Construction Services Development Institute (LPJK).
Construction Services Business Entity (BUJK) and stakeholders in the field of construction services.
Facilitation of Expert Certification Lampung Provincial Government facilitates the provision of expert certificates provided by the Construction Services Development Institute to construction experts after carrying out training in accordance with the type of training in Development and Capacity Building of Institutions and Training Business Entities.
Creation of cooperation schemes with training/certification institutions JOURNAL DROIT CONSTITUTIONAL AND ADMINISTRATIVE POLICY In this case, the Local Government represented by the Construction Services Supervisory Team (TPJK) makes a cooperation scheme with related training institutions about what types and forms of training are needed.
Monitoring.
Evaluation, and Reporting of Quality Assurance Control This is carried out in order to find out the impact of the implementation of training and coaching for Construction experts in Lampung Province so as to identify what deficiencies exist and how to improve the quality of construction services in Lampung Province.
Implementation of Construction Services Information System with provincial coverage According to Zainal Abidin as General Secretary of the Lampung Provincial Construction Services Development Team that the implementation of the Construction Services information system in the provincial scope includes:
Provision of Construction Services Information System Administrator.
That related to the provision of Construction Services Information System administrators, the Government through TPJK prepares Administrators who are competent in their fields and are responsible for managing data, then publishes it on the web w.
net which is connected to the national network.
Provision of supporting devices for the Construction Services Information System.
Currently, the government has prepared several supporting devices to improve the function of the information technology-based construction services information system, namely through a website on the internet.
Improve Construction Services Information System services by uploading some related information.
At the provincial level, the minimum service standard indicator of construction services is the availability of SIPJAKI services.
Among other things, the potential construction services market for the current year is sourced from the APBD.
APBN, and other funding.
Then, construction service work packages that have been and are being carried out by construction service business entities and the profile of the regional construction service supervisory JOURNAL DROIT CONSTITUTIONAL AND ADMINISTRATIVE POLICY Training and Capacity Building for Construction Services Information System Administrators.
This is done by attending Technical Guidance (Bimte.
on the operation and management of digital data on the website.
Inventory of project data in the PUPR sector, and Inventory of profile data, orderly implementation of construction work.
That this is done as a way for the construction services community throughout Lampung Province to know the latest developments in data, information, and the policy governance system and service development in order to be utilized by all people in Lampung Province.
Furthermore, according to Mr.
Tubagus Rif'at as Chairman of the Lampung Province Construction Services Development Institute (LPJK) that the strategic role of local governments for the development and guidance of construction services includes Survey, investigation, research, and compile a database of construction workers .
evel of Intermediate.
Intermediate, and skilled expert.
in Lampung Province including some locations .
including the classification of expertise and Compile a database in the form of available labor and how many already have expert or skilled certification so that actual data is obtained and also labor that does not yet have a certificate.
Develop a work program for education and training as well as certification of construction workers, from the total workforce that does not yet have a certificate and set targets for the first 3 to 5 years, and so on in order to obtain certainty and sustainability for 100% of construction workers who must have certification.
Based on the foregoing, it can be analyzed, namely based on the theory put forward by Roscoe Pound developed by Mochtar Kusumaatmaja that the law is formed as a means of reform in society, in this term the law is expected to play a role in changing social values in society.
In this case, the function of law as a means of reforming society.
This can be seen with the passing of Law Number 2 of 2017 concerning Construction Services, where the Regulation must be implemented according to the rules to regulate the mindset of the community, especially the construction services community in Lampung Province in particular and Indonesia in general.
Based on this theory, the implementation of Article 7 of Law Number 2 of 2017 concerning Construction Services JOURNAL DROIT CONSTITUTIONAL AND ADMINISTRATIVE POLICY in advancing the construction services industry, especially in Lampung Province, is currently not running effectively and optimally.
This is due to the fact that there are still several obstacles faced in terms of guidance, training, human resource competence, limited budget, and also several other obstacles.
Barriers to the Implementation of Article 7 of Law No.
2 of 2017 Concerning Construction Services in Advancing the Construction Industry Particularly in Lampung Province According to Sudi Hartono as Functional Supervisor of Construction Services of the PUPR Office of Lampung Province that Law Number 2 of 2017 concerning Construction Services is a legal umbrella for construction service actors in running their business and is more complete than the previous Construction Services Law.
Law Number 2 of 2017 concerning Construction Services in the industry is not limited to consultant and contractor services but extends to the supply chain and building provider businesses called building owner developers and so on.
The issuance of the latest Construction Services Act has fulfilled the wishes of existing stakeholders, particularly in Lampung Province, especially the division of roles in the form of responsibilities and authorities between the Central Government and regional governments in the implementation of construction services and ensuring the creation of an orderly implementation of a fair, healthy and open construction services business through healthy competition patterns.
Furthermore, according to Tubagus Rif'at as Chairman of the Lampung Province Construction Services Development Institute (LPJK), the condition of the world of construction services in Lampung Province is currently quite a lot of construction activities both financed by the government (APBN/APBD) and financed by private investment, such as the construction of roads, bridges, water resources (SDA) buildings, buildings, factories, malls, airports, ports, etc.
There are quite a lot of construction service companies/business entities in Lampung Province, especially for small and medium Related procurement/procurement of goods and services, it is still only a formality .
procedure that must be passe.
since the tender winner can still be arranged by the procurement committee and this has led to the lack of healthy competition in improving the quality of JOURNAL DROIT CONSTITUTIONAL AND ADMINISTRATIVE POLICY work carried out due to the acquisition of work by construction business entities not because of the good quality of the work but rather because of the closeness of the business entity to the owner of the work.
The lack of healthy competition in improving the quality of work results in no high motivation for business entities to improve the competitiveness of their business entities as a result although there are quite a number of construction service business entities in Lampung Province, their competitiveness is still quite low.
Subsequently.
Zainal Abidin emphasized that every implementation of regulation must have obstacles encountered, as well as the implementation of Article 7 of Law Number 2 of 2017 concerning Construction Services in advancing the construction services industry, especially in Lampung Province, also experienced several obstacles encountered in its implementation.
According to Lawrence Meir Friedman's theory that when discussing law enforcement, one must discuss the legal system and the success or failure of the application of the law depends on the legal system running.
Therefore, the obstacles to the implementation of Article 7 of Law Number 2 of 2017 concerning Construction Services in advancing the construction services industry, especially in Lampung Province, according to Lawrence Meir Friedman, are three elements involved in the legal system, namely:
Structure According to Friedman, the structure is the skeleton or frame, the part that remains, the part that gives some kind of shape and limit to the whole.
Talking about the legal structure in construction services, which consists of policymakers including local governments.
LPJK, and other stakeholders.
The obstacles to the implementation of Article 7 of Law Number 2 of 2017 concerning Construction Services in advancing the construction services industry, especially in Lampung Province, seen from the legal structure are the lack of experts who have certificates of expertise thus lacking strong competitiveness, still not maximizing training and coaching activities and technical guidance for experts and skilled workers in the field of construction and also administrators of the Construction Services Information System (SIPJAKI).
This is related to the quality and quantity of training that is still not maximally implemented and still does not understand the law enforcement officials in understanding the meaning of Law Number 2 of JOURNAL DROIT CONSTITUTIONAL AND ADMINISTRATIVE POLICY 2017 concerning Construction Services and thus can hinder the implementation of construction services.
Substance Substance is the rules, norms, and patterns of real human behavior that are in that Substance also means the products produced by people in the legal system, including the decisions they issue, and the new rules they compile.
In this regard, the implementation of construction services in accordance with Article 7 of Law Number 2 of 2017 concerning Construction Services in advancing the construction services industry, especially in Lampung Province, seen from the legal substance, can be seen that several obstacles have been raised, including the lack of optimal socialization and counseling regarding the implementation of training and guidance for stakeholders in the field of construction services in accordance with the mandate of the Construction Services Law and the Government Budget for conducting guidance and training for the limited construction services community in order to adjust its implementation to the allocated budget.
Legal culture Legal culture is people's attitudes towards the law .
, values, thoughts, and Legal culture is also the atmosphere of social thought and social power that determines how the law is used, avoided, or misused.
The obstacles arising from the legal culture in the implementation of Article 7 of Law Number 2 of 2017 concerning Construction Services in advancing the construction services industry, especially in Lampung Province, include the lack of role of the construction services community playing an active role in the implementation of construction expert training and in organizing the Construction Services Information System (SIPJAKI) and the lack of awareness of the construction services community both Construction Services Business Entities and experts to improve competence by having a certificate of expertise resulting in training and coaching being not optimal.
Based on the theory of the legal system put forward by Lawrence Meir Friedman above, it can be analyzed that if the legal product does not run optimally.
This is due to the influence of the legal system itself including the legal structure, legal substance, and JOURNAL DROIT CONSTITUTIONAL AND ADMINISTRATIVE POLICY legal culture.
Based on this theory and the results of interviews with several sources, the results obtained are the obstacles to the implementation of Article 7 of Law Number 2 of 2017 concerning Construction Services in advancing the construction services industry, especially in Lampung Province, such as:
The lack of role of construction service community playing an active role in the implementation of construction expert training and in organizing the Construction Services Information System (SIPJAKI).
The lack of experts who have certificates of expertise makes them less competitive.
Not yet maximizing training and coaching activities and technical guidance for experts and skilled workers in the field of construction as well as administrators of the Construction Services Information System (SIPJAKI).
This is related to the quality and quantity of training that is still not maximally implemented.
The Government budget for conducting guidance and training for the construction services community is limited so that the implementation is adjusted to the allocated budget only.
Lack of awareness of the construction services community both Construction Services Business Entities and experts to improve competence by having a certificate of expertise resulting in training and coaching become not optimal.
Suboptimal socialization and counseling on the implementation of training and coaching for stakeholders in the field of construction services.
Lack of understanding of law enforcement officials in understanding the meaning of Law Number 2 of 2017 concerning Construction Services can hinder the implementation of construction services.
Policy of the Lampung Provincial Construction Services Supervisory Team in Advancing the Construction Service Industry Particularly in Lampung Province According to the General Secretary of the Lampung Province Construction Services Development Team.
Zainal Abidin, the policy of the Lampung Province construction services development team in advancing the construction services industry, particularly in Lampung Province, includes:
JOURNAL DROIT CONSTITUTIONAL AND ADMINISTRATIVE POLICY
Increase Socialization of Laws and Regulations related to Construction Services.
This is done so that the construction service community and related stakeholders can understand the contents of the Legislation.
Making regional regulations of Lampung Province related to construction Policies taken by the Lampung Provincial Government in improving the quality of construction services make a Regional Regulation namely Lampung Provincial Regulation Number 10 of 2016 concerning Construction Services Development and Lampung Provincial Regulation Number 12 of concerning occupational safety and health management systems in the construction sector.
Improve the quality and quantity in organizing training, technical guidance, and certification both for experts and for skilled workers in the field of construction as well as for administrators of the Construction Services Information System (SIPJAKI).
Improve supervision through monitoring and evaluation of construction services in the region.
Increase cooperation with construction service partners in fostering and training construction experts.
This is done by providing competent and qualified lecturers/instructors in the field of construction.
Based on the explanation above, it can be analyzed that public policy is made by the government in the form of government actions, public policy either to do or not to do something has certain objectives and public policy is aimed at the interests of society.
Based on this theory, the policy of the Lampung Province construction services development team in advancing the construction services industry, especially in Lampung Province, includes: .
Increasing the Socialization of Legislation related to Construction Services.
Making regional regulations of Lampung Province related to construction .
Increasing the quality and quantity in organizing training, technical guidance and certification both for experts and for skilled workers in the field of construction as well as for administrators of the Construction Services Information System (SIPJAKI).
Increasing supervision through monitoring and evaluation of construction services in the region.
Increasing cooperation with construction service partners in conducting guidance and training of construction experts.
JOURNAL DROIT CONSTITUTIONAL AND ADMINISTRATIVE POLICY
CONCLUSION
The implementation of Article 7 of Law Number 2 of 2017 concerning Construction Services in advancing the construction services industry, especially in Lampung Province, is currently not running effectively and optimally.
This is due to the fact that there are still several obstacles faced in terms of guidance, training, human resource competence, limited budget, and also several other obstacles.
However, the Regional Government through the Construction Services Supervisory Team (TPJK) has also done several ways to implement the Construction Services Law including the implementation of construction expert training including identifying types of training, preparation of modules/standard operating procedures (SOP.
/training guidelines, preparation of teachers or instructors, identification of potential cooperation and empowerment, facilitation of expert certification, coaching and capacity building of training institutions and business entities, making cooperation schemes with training/certification institutions, monitoring, evaluation, and reporting of quality assurance control.
Implementation of Construction Services Information System in the Provincial area includes the Provision of Construction Services Information System Administrator.
Provision of supporting devices for Construction Services Information System.
Improving Construction Services Information System services by uploading some related information.
Training, and Capacity Building for Construction Services Information System Administrator.
Inventory of PUPR project data, and Inventory of profile data, orderly implementation of construction work.
Obstacles to the implementation of Article 7 of Law Number 2 of 2017 concerning Construction Services in advancing the construction services business world, especially in Lampung Province, are as follows:
The lack of role of construction service community playing an active role in the implementation of construction expert training and in organizing the Construction Services Information System (SIPJAKI).
The lack of experts who have certificates of expertise so that they lack strong
JOURNAL DROIT CONSTITUTIONAL AND ADMINISTRATIVE POLICY
Still not maximizing training and coaching activities and technical guidance for experts and skilled workers in the field of construction as well as administrators of the Construction Services Information System (SIPJAKI).
The Government budget to conduct coaching and training for the construction services community is limited.
Lack of awareness of the construction services community both Construction Services Business Entities and experts to improve competence.
Not optimal socialization and counseling on the implementation of training and coaching for stakeholders in the field of construction services.
The lack of understanding of law enforcement officials understanding the meaning of Law Number 2 of 2017 concerning Construction Services which can hinder the implementation of construction services.
The policy of the Lampung Province construction services development team in advancing the construction services business world, especially in Lampung Province, includes increasing the socialization of laws and regulations related to construction services, making regional regulations of Lampung Province related to construction services, increasing the quality and quantity in organizing training, technical guidance and certification both for experts and for skilled workers in the field of construction as well as for administrators of the Construction Services Information System (SIPJAKI), increasing supervision through monitoring and evaluation of the implementation of construction services in the region, and increasing cooperation with construction service partners in fostering and training construction experts.
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