Alviana Dwi Saraswati (2019) Kelalaian Dalam Pekerjaan Konstruksi Yang Mengakibatkan Bangunan Tidak Laik Fungsi. Skripsi thesis, UNIVERSITAS AIRLANGGA.

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Abstract

This study is entitled "Negligence in Construction Work that Results in Non-Functioning Buildings." This study aims to analyze an act which results in the building being improperly functioning and to analyze the qualification of criminal responsibility in the building construction related works. The method used in this research is a normative juridical research method by statute approach and a conceptual approach. The results of this study indicate: 1) an act which results in the building being unfit for function leading to the emergence of a loss caused by building constructor, then the act can be qualified as a criminal act as regulated under Article 47 of the Building Law. 2) Article 47 governs that negligence occurs when an action results in the building being unfit for the function that leads to the loss. 3) so that if the elements in the article has fulfilled, then the perpetrators of criminal acts in the construction sector can be held liable for criminal liability. This research concludes that 1) to be able to qualify an act in the field of construction than the element of criminal act should be apply both formally and materially. 2) criminal liability can be given not only to building’s owner but also to other workers as long as it is proven to have done an action which results in the building being unfit for the function that leads to the occurrence of loss.

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