Contoh Berita Acara PHO: Sesuai Perpres 12/2021

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Contoh Berita Acara PHO Sesuai Perpres 12 Tahun 2021

Okay, guys, let's dive into something super important in the world of government projects – Berita Acara PHO (Serah Terima Sementara Pekerjaan) according to Perpres 12 Tahun 2021. If you're involved in any kind of project that falls under this regulation, you'll want to pay close attention. Getting this document right is crucial for smooth project completion and avoiding headaches down the line. So, let's break it down, step by step, to make sure we're all on the same page.

What is Berita Acara PHO?

First off, what exactly is a Berita Acara PHO? In simple terms, it's an official record stating that a project has been provisionally handed over from the contractor to the owner (usually a government entity). This handover isn't the final step, mind you. It's more like saying, "Okay, we've finished the main construction, now let's inspect everything thoroughly." This document confirms that the work is substantially complete and ready for inspection. The Perpres 12 Tahun 2021 itself is a presidential regulation that outlines how government procurement should be handled, and it includes specific guidelines on how the PHO process should be conducted. Understanding the nuances of this regulation is key to ensuring compliance and avoiding potential legal issues. The Berita Acara PHO serves as a formal declaration that the contractor has fulfilled their contractual obligations to a certain extent, allowing the owner to begin using the facility or infrastructure while the final inspection and acceptance procedures are underway. This is a significant milestone in any project, as it marks the point where the responsibility for the project's upkeep and security starts to shift from the contractor to the owner. Moreover, the Berita Acara PHO often triggers the commencement of warranty periods, during which the contractor remains liable for any defects or deficiencies that may arise. Therefore, it's essential to ensure that the document accurately reflects the project's status and that all relevant parties are in agreement before it is signed. The integrity of the Berita Acara PHO is paramount, and any discrepancies or ambiguities can lead to disputes and delays. It's always a good idea to have legal counsel review the document to ensure that it complies with all applicable laws and regulations. So, in essence, the Berita Acara PHO is not just a piece of paper; it's a critical instrument that safeguards the interests of both the contractor and the owner, while also promoting transparency and accountability in government projects.

Key Elements of a Berita Acara PHO

Alright, so what goes into a Berita Acara PHO? There are several key elements you need to include to make sure it's valid and effective. Here’s a rundown:

  • Project Details: Obvious, right? But make sure you include the full project name, location, contract number, and all relevant identifying information. Don't leave anything ambiguous. The more specific, the better. This section should clearly define the scope of work that the Berita Acara PHO covers, leaving no room for interpretation. It should also reference the original contract and any subsequent amendments or variations that have been agreed upon. Furthermore, it's crucial to include the names and contact information of all parties involved, including the contractor, the owner, and any relevant consultants or supervisors. This ensures that everyone is on the same page and that there is a clear line of communication in case any issues arise. The project details section is the foundation of the entire document, and any inaccuracies or omissions can have serious consequences down the line.
  • Date of Provisional Handover: This is the exact date when the project is considered provisionally handed over. It's a critical date because it often triggers other contractual obligations. Make sure this date is accurate and agreed upon by all parties. This date marks the commencement of the inspection period, during which the owner will thoroughly examine the project to identify any defects or deficiencies. It's also the date from which warranty periods are typically calculated. Therefore, it's essential to ensure that the date accurately reflects the project's status and that all relevant parties are in agreement before it is recorded in the Berita Acara PHO. Any discrepancies in the date can lead to disputes and delays in the project's final acceptance. It's always a good idea to have a formal handover ceremony to commemorate this significant milestone and to ensure that all parties are aware of their respective responsibilities.
  • Statement of Completion: This is where you state that the work has been completed in accordance with the contract documents. Highlight any deviations or variations that were approved during the project. Be upfront about any outstanding items or punch list items that still need to be addressed. The statement of completion should be clear, concise, and unambiguous. It should explicitly state that the contractor has fulfilled their contractual obligations to the best of their ability and that the project is ready for inspection. If there are any outstanding items, they should be clearly listed and described, along with a timeline for their completion. It's also important to acknowledge any changes or modifications that were made to the original contract during the project's execution. This demonstrates transparency and helps to avoid any misunderstandings or disputes in the future. The statement of completion is a critical element of the Berita Acara PHO, as it forms the basis for the owner's acceptance of the project.
  • Inspection Results: This section summarizes the results of the initial inspection. Note any defects, deficiencies, or non-conformances that were identified. This isn't about assigning blame; it's about documenting the current state of the project. The inspection results should be detailed and specific, providing a clear picture of the project's condition. Any defects or deficiencies should be described in detail, along with their location and severity. It's also important to note any non-conformances with the contract documents or applicable standards. The inspection results should be objective and unbiased, focusing solely on the factual findings of the inspection. This section is crucial for identifying any issues that need to be addressed before the project can be finally accepted. It also provides a basis for negotiating a resolution to any disputes that may arise.
  • Signatures: Last but not least, make sure the document is signed by authorized representatives from both the contractor and the owner. Without valid signatures, the document is essentially worthless. The signatures should be accompanied by the names and titles of the signatories. It's also a good idea to include the date of signature. The signatures signify that the parties have reviewed the document and agree with its contents. It's essential to ensure that the signatories have the authority to bind their respective organizations. The absence of valid signatures can render the Berita Acara PHO unenforceable, so it's crucial to pay close attention to this detail.

Contoh (Example) of a Berita Acara PHO

While I can't give you an exact template (since those can vary based on the specific project and organization), I can give you a general outline and the kinds of clauses you might see. Remember, this is just an example, so always consult with legal counsel and adapt it to your specific needs.

[Header: Government Agency Name and Logo]

BERITA ACARA SERAH TERIMA SEMENTARA PEKERJAAN (PHO)

Nomor: [Document Number]

Pada hari ini, [Day], tanggal [Date], bulan [Month], tahun [Year], bertempat di [Location], kami yang bertanda tangan di bawah ini:

  1. [Name of Representative from Government Agency], [Position] selaku pihak Pertama, yang selanjutnya disebut sebagai PIHAK PERTAMA.
  2. [Name of Representative from Contractor], [Position] selaku pihak Kedua, yang selanjutnya disebut sebagai PIHAK KEDUA.

Dengan ini menyatakan bahwa:

  • PIHAK KEDUA telah melaksanakan pekerjaan [Name of Project] berdasarkan Surat Perjanjian/Kontrak Nomor: [Contract Number] tanggal [Date] dengan nilai sebesar Rp [Contract Value] (terbilang [Amount in Words]).
  • PIHAK KEDUA telah menyelesaikan pekerjaan tersebut sesuai dengan ketentuan yang tercantum dalam Surat Perjanjian/Kontrak dan lampiran-lampirannya.
  • PIHAK PERTAMA telah melakukan pemeriksaan terhadap hasil pekerjaan tersebut dan menyatakan bahwa pekerjaan tersebut telah selesai secara provisional dan dapat diterima untuk diserahterimakan sementara.

Pasal 1 Serah Terima Pekerjaan

Dengan ditandatanganinya Berita Acara ini, PIHAK KEDUA menyerahkan kepada PIHAK PERTAMA dan PIHAK PERTAMA menerima dari PIHAK KEDUA, hasil pekerjaan [Name of Project] secara sementara.

Pasal 2 Kewajiban Pihak Kedua

PIHAK KEDUA berkewajiban untuk:

  • Memelihara dan menjaga hasil pekerjaan selama masa pemeliharaan sesuai dengan ketentuan yang berlaku.
  • Memperbaiki segala kerusakan atau kekurangan yang timbul selama masa pemeliharaan.

Pasal 3 Masa Pemeliharaan

Masa pemeliharaan pekerjaan ini adalah selama [Duration] terhitung sejak tanggal penandatanganan Berita Acara ini.

Pasal 4 Penutup

Berita Acara ini dibuat dalam rangkap [Number] yang masing-masing mempunyai kekuatan hukum yang sama dan mengikat bagi kedua belah pihak.

Demikian Berita Acara ini dibuat dengan sebenarnya untuk dapat dipergunakan sebagaimana mestinya.

PIHAK PERTAMA,

[Name of Representative from Government Agency] [Position]

PIHAK KEDUA,

[Name of Representative from Contractor] [Position]

[Stamp/Seal of Government Agency] [Stamp/Seal of Contractor]

Lampiran:

  • Daftar item pekerjaan yang belum selesai (jika ada)
  • Foto-foto dokumentasi pekerjaan
  • Dokumen-dokumen pendukung lainnya

Important Clauses to Consider:

  • Force Majeure: Include a clause addressing unforeseen circumstances that could delay project completion (e.g., natural disasters, pandemics). This protects both parties from liability in situations beyond their control.
  • Dispute Resolution: Outline the process for resolving any disagreements that may arise during the project. This could involve mediation, arbitration, or litigation.
  • Payment Terms: Clearly state the payment schedule and the conditions for payment. This helps to avoid misunderstandings and ensures that the contractor is paid in a timely manner.

Perpres 12/2021: What You Need to Know

Perpres 12 Tahun 2021 is a game-changer when it comes to government procurement. Here's what you need to keep in mind for your Berita Acara PHO:

  • E-Procurement: The regulation emphasizes the use of electronic procurement systems. Make sure your PHO process aligns with any e-procurement requirements in your region.
  • SMEs: The regulation promotes the participation of small and medium enterprises (SMEs). If your project involves SMEs, make sure this is documented in the PHO.
  • Transparency: Transparency is key. Ensure that all documents related to the PHO are readily available and accessible to relevant stakeholders.

Common Pitfalls to Avoid

Okay, let's talk about some common mistakes people make with Berita Acara PHOs. Avoiding these can save you a lot of grief:

  • Vague Language: Be specific! Avoid using ambiguous terms or phrases that could be interpreted in multiple ways. The more precise you are, the better.
  • Incomplete Documentation: Don't skimp on the details. Make sure you have all the necessary supporting documents, such as inspection reports, test results, and photographs.
  • Ignoring Defects: Don't sweep problems under the rug. Acknowledge any defects or deficiencies and outline a plan for addressing them.
  • Lack of Signatures: This one seems obvious, but it happens more often than you think. Make sure the document is signed by authorized representatives from both parties.

Final Thoughts

The Berita Acara PHO is a critical document in the project lifecycle. By understanding the key elements, following Perpres 12 Tahun 2021, and avoiding common pitfalls, you can ensure a smooth and successful project handover. Remember to always consult with legal counsel to ensure that your document complies with all applicable laws and regulations. Good luck, and happy project managing!