What does Indonesian law require your construction contract to contain?
Law 2 of 2017 sets a floor of sixteen items, from a detailed scope of works to the dispute clause. It also decides which language wins when a foreign client and an Indonesian contractor disagree.
The number
Indonesian law sets a minimum content list for a construction contract. Article 47(1) of Law 2 of 2017 requires sixteen matters to be described, from a detailed scope of works to the choice of dispute forum. A contract with a foreign party is drawn in both Indonesian and English, and in a dispute the Indonesian version is the one used.
Sources accessed 27/09/2026
A contractor’s draft usually arrives as a short file in English: scope, price, a payment schedule, a signature block. Indonesian law does not treat that document as a private arrangement between two parties. It sets a floor for what a construction contract must contain, and it names the language that governs when the two sides stop agreeing.
Article 47(1) of Law No. 2 of 2017 on Construction Services requires a construction contract to describe at minimum 16 matters, lettered a to p.1Lembaran Negara Republik Indonesia, Last reviewed We read the statute in the copy published by the Jakarta provincial roads agency, as that file stood on 8 September 2026.
Three of those items we can quote you verbatim, because they are the three a foreign client most often finds missing. Item (a) is the parties. Item (b) is the formulation of the works, and the article spells out what that means: a clear and detailed description of the scope of work, the contract value, unit prices, lump sums, and the time limits for performance. Item (p) is the choice of construction dispute resolution.
The rest of the list we are not going to paraphrase from memory. It sits in the same article of the linked file, and a contractor who says the draft is complete can be asked to point at each item in turn.
Which language version wins?
Article 50 requires a construction contract to be made in Indonesian. Where it is made with a foreign party, it must be made in Indonesian and English both. Where a dispute with that foreign party arises, the Indonesian version is the one used.1Lembaran Negara Republik Indonesia, Last reviewedThat last sentence is the one to sit with. The English text you read and negotiated is not the operative text. Where the two drift apart, and in a document drafted by the contractor’s own office they drift in one direction, the Indonesian wording is what a forum will read.
What else the statute writes into the contract for you
Where the planned service life of the works is more than 10 years, Article 65 makes the contractor answerable for building failure for a maximum of 10 years from the final handover of the works, and requires that period to be stated in the construction contract.1Lembaran Negara Republik Indonesia, Last reviewed A contract silent on the point is not a contract with a longer liability. It is a contract missing something the statute says belongs in it.
Article 48 adds two more, on top of Article 47: a contract for design services must carry a provision on intellectual property rights, and a contract entered into with a foreign party must carry an obligation of technology transfer.1Lembaran Negara Republik Indonesia, Last reviewed Article 60(4) is worth reading before you need it. On receiving a report of a building failure, the minister must appoint an expert assessor within 30 working days.1Lembaran Negara Republik Indonesia, Last reviewedThe 2023 omnibus law reached into this statute, so the wording above was checked rather than assumed. Article 52 of Law No. 6 of 2023 amends 33 articles of Law 2/2017, and Articles 47, 48, 50 and 65 are not among them.2JDIH Kementerian Keuangan, Last reviewed Everything above therefore stands in its original wording, as read on 8 September 2026.
Where this answer stops
It stops at the word contract. Law 2/2017 governs a Kontrak Kerja Konstruksi, a construction works contract. A turnkey deal papered as the purchase of a finished building, or as a lease with a construction obligation attached to it, may not be a Kontrak Kerja Konstruksi at all. Article 47 then does not apply to it, and that is a more exposed position rather than a simpler one.
Two further limits, both ours. We read the statute and not its implementing regulation, so nothing here describes the detail that PP 22/2020, as amended by PP 14/2021, adds to these articles. And we say nothing about whether your contractor is licensed to sign at all: the articles on qualification and business licensing are among the 33 the omnibus law rewrote, and our reading does not carry across to them.
Sources
- Undang-Undang Nomor 2 Tahun 2017 tentang Jasa Konstruksi — Lembaran Negara Republik Indonesia A · primary source · accessed
- Undang-Undang Nomor 6 Tahun 2023 tentang Penetapan Peraturan Pemerintah Pengganti Undang-Undang Nomor 2 Tahun 2022 tentang Cipta Kerja Menjadi Undang-Undang — JDIH Kementerian Keuangan A · primary source · accessed
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