Implementation of the principle of freedom of contracts in Government Construction Contracts

This research was conducted to study and analyze the implementation of the principle of freedom of contract in construction services and determine the obstacles to the implementation of the principle of freedom of contract in construction services and their solutions. This type of research was normative legal research. This research used secondary data. Data collection was carried out with document studies and interviews. Analysis of the data in this study used a descriptive method. Based on the results of the study, it can be concluded that the principle of freedom of contract in construction services cannot be maximally implemented due to the existence of standard clauses that have been determined by laws and regulations related to construction services. As for the standard clauses, their nature is obliged to be applied in construction service contracts made by the parties involved. In addition, the Commitment Making Official as the service user is the absolute authority in formulating the construction service contract. Regarding the obstacles to the implementation of the principle of freedom of contract in construction services, most of which came from the service provider, in this case the Commitment Making Official. Many officers do not possess legal discipline background, even though the language used in construction services contracts is legal language. In addition to service users, barriers can also come from service providers, especially from the mental attitude of service providers who are still taking bribes in the conduct of construction services