The construction service sector involves two main components between
construction service users and construction service providers. The relationship
between construction service users and construction service providers should be
poured in the construction work contracts. This study aims to examine the setting
and application of the principle of proportionality in the construction work
contracts, using normative legal research methods. The application of the
principle of proportionality has not been fully implemented in the construction
work contracts in balanced way. if we look in the legislation, the principle of
proportionality is not described as one of the principles in Law Number 2 in 2017
concerning Construction Service and Government Regulation of the republic of
Indonesia Number 16 in 2018 concerning Procurement Goods/Service of the
Government and the rules below of it, so that the stage of contracts preparation is
fully controlled by service users. In this case, as if service users have a higher
bargaining position than service providers, so that the distribution of rights and
obligations be not a balanced way.
Keywords: The Principle of Proportionality, Legislation, and Construction Work Contracts