Contoh Berita Acara PHO Sesuai Perpres 12/2021

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Contoh Berita Acara PHO Sesuai Perpres 12/2021

Alright, guys, let's dive into the nitty-gritty of Berita Acara Provisional Hand Over (PHO) according to Perpres 12 Tahun 2021. This is super important for anyone involved in government projects, so buckle up and let's get started!

What is a Berita Acara PHO?

So, what exactly is a Berita Acara PHO? Simply put, it's a formal document that signifies the provisional handover of a project from the contractor to the government. Think of it as the government saying, "Okay, the project looks pretty good, and we can start using it, but there might still be a few things to iron out." It's a crucial step in ensuring that projects are completed according to the agreed-upon specifications and standards. This document basically states that the work has been completed according to the contract, and it's ready for use, even if there are minor snags to fix. The PHO is not the final acceptance; that comes later with the FHO (Final Hand Over). It’s like saying, "We’re taking the keys, but the paint job needs a little touch-up."

Why is this important? Well, it marks the beginning of the warranty period, and it also allows the government to start utilizing the project for its intended purpose. Without a proper Berita Acara PHO, there could be disputes about when the project was actually completed, who's responsible for what, and all sorts of headaches. It's all about accountability and making sure everyone is on the same page. Getting this document right ensures a smooth transition and avoids potential future conflicts. It's the official starting gun for the warranty period, during which the contractor is responsible for fixing any defects that may arise.

Perpres 12 Tahun 2021 provides the legal framework for how government projects should be managed, including the PHO process. It outlines the responsibilities of all parties involved, from the project owner to the contractor and the supervision consultant. This regulation emphasizes transparency, efficiency, and accountability in government procurement. Following Perpres 12/2021 ensures that the PHO is conducted fairly and in accordance with the law. If you're working on a government project, you absolutely need to be familiar with this regulation. It's your bible for ensuring that everything is done by the book. This presidential regulation sets the ground rules for project management, making sure everything's above board and by the book.

Key Elements of a Berita Acara PHO

Alright, so what exactly needs to be in this document? Here's a breakdown of the key elements:

  • Project Information: This includes the name of the project, the location, the contract number, and the parties involved. It's the basic who, what, when, and where of the project.
  • Contract Details: This section outlines the scope of work, the contract value, the completion date, and any amendments to the contract. It's all about the fine print.
  • Inspection Results: This is where you document the findings of the inspection team. It should include a detailed description of any defects or deficiencies that were identified, as well as any corrective actions that were taken. This section is crucial for identifying any issues that need to be addressed before the FHO.
  • Statement of Acceptance: This is a formal statement that the government accepts the project, subject to the correction of any identified defects. It's the official handshake, so to speak.
  • Signatures: The document must be signed by all parties involved, including the project owner, the contractor, and the supervision consultant. This signifies that everyone agrees with the contents of the document.

These elements ensure that the Berita Acara PHO is comprehensive and legally sound. Missing any of these could lead to complications down the road, so make sure you double-check everything.

Contoh (Example) of a Berita Acara PHO

Okay, let’s make this real. Here’s a simplified example of what a Berita Acara PHO might look like. Remember, this is just a template, and you'll need to adapt it to your specific project.

BERITA ACARA SERAH TERIMA SEMENTARA PEKERJAAN (PHO)

Nomor: [Insert Number]

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

  1. [Nama Pejabat Pembuat Komitmen], selaku Pejabat Pembuat Komitmen (PPK), berdasarkan Surat Keputusan Nomor: [Insert Number], tanggal [Insert Date], selanjutnya disebut PIHAK PERTAMA.
  2. [Nama Direktur Kontraktor], selaku Direktur [Nama Perusahaan Kontraktor], berdasarkan Akta Notaris Nomor: [Insert Number], tanggal [Insert Date], selanjutnya disebut PIHAK KEDUA.

Berdasarkan:

  • Peraturan Presiden Nomor 12 Tahun 2021 tentang Pengadaan Barang/Jasa Pemerintah.
  • Surat Perjanjian Kerja Konstruksi Nomor: [Insert Number], tanggal [Insert Date], antara PIHAK PERTAMA dan PIHAK KEDUA, untuk pekerjaan [Nama Pekerjaan].
  • Berita Acara Pemeriksaan Pekerjaan Nomor: [Insert Number], tanggal [Insert Date].

Dengan ini menyatakan bahwa:

  1. PIHAK KEDUA telah melaksanakan pekerjaan [Nama Pekerjaan] sesuai dengan ketentuan Surat Perjanjian Kerja Konstruksi.
  2. PIHAK PERTAMA telah menerima hasil pekerjaan tersebut dari PIHAK KEDUA untuk diserahterimakan secara sementara (Provisional Hand Over).
  3. Terhadap hasil pekerjaan tersebut, terdapat [Jumlah] item pekerjaan yang perlu diperbaiki/disempurnakan sebagaimana terlampir dalam Berita Acara Cacat Mutu.

Selanjutnya, PIHAK KEDUA bersedia untuk memperbaiki/menyempurnakan item-item pekerjaan tersebut dalam jangka waktu [Jumlah Hari] hari kalender, terhitung sejak tanggal penandatanganan Berita Acara ini.

Demikian Berita Acara Serah Terima Sementara Pekerjaan (PHO) ini dibuat dalam rangkap [Jumlah] yang sama bunyinya dan mempunyai kekuatan hukum yang sama setelah ditandatangani oleh kedua belah pihak.

PIHAK PERTAMA

[Nama Pejabat Pembuat Komitmen]

[NIP]

PIHAK KEDUA

[Nama Direktur Kontraktor]

[Jabatan]

Lampiran: Berita Acara Cacat Mutu

Note: Replace the bracketed information above with your project’s specific details.

Important Points to Include

  • Defect List: Always attach a detailed list of any defects or deficiencies that were identified during the inspection. This is crucial for ensuring that the contractor addresses these issues before the FHO.
  • Timeline for Correction: Clearly state the timeline for the contractor to correct any defects. This helps to keep the project on track and avoids delays.
  • Legal Review: It's always a good idea to have the Berita Acara PHO reviewed by a legal professional to ensure that it complies with all applicable laws and regulations.

Checklist for Preparing a Berita Acara PHO

To make sure you've got all your bases covered, here's a handy checklist:

  • [ ] Verify that all project information is accurate and complete.
  • [ ] Review the contract details to ensure that all terms and conditions have been met.
  • [ ] Conduct a thorough inspection of the project.
  • [ ] Document all defects or deficiencies in detail.
  • [ ] Obtain signatures from all parties involved.
  • [ ] Attach all relevant documents, such as the defect list and the timeline for correction.
  • [ ] Have the document reviewed by a legal professional.

Common Pitfalls to Avoid

Okay, let's talk about some common mistakes to avoid when preparing a Berita Acara PHO:

  • Rushing the Inspection: Don't cut corners during the inspection. This is your chance to identify any potential problems before they become major headaches.
  • Failing to Document Defects: Make sure you document all defects in detail. This will help to ensure that the contractor addresses these issues properly.
  • Using a Generic Template: Don't just grab a generic template off the internet and use it without adapting it to your specific project. Every project is different, so your Berita Acara PHO should be tailored to your unique circumstances.
  • Ignoring Legal Advice: Don't be afraid to seek legal advice. A lawyer can help you to ensure that your Berita Acara PHO complies with all applicable laws and regulations.

The Importance of Perpres 12/2021

As mentioned earlier, Perpres 12 Tahun 2021 is your guiding light in government procurement. It sets the standards for transparency, efficiency, and accountability. Make sure you're familiar with its provisions, especially those related to the PHO process. Understanding this regulation is key to ensuring a smooth and legally sound project handover. This regulation ensures that projects are completed fairly and transparently. Think of it as the rulebook for government projects.

Final Thoughts

So, there you have it! A comprehensive guide to preparing a Berita Acara PHO according to Perpres 12 Tahun 2021. Remember, this document is crucial for ensuring a smooth and successful project handover. Take your time, pay attention to detail, and don't be afraid to seek help when you need it. Following these guidelines will help you avoid potential problems and ensure that your project is completed to the highest standards. Good luck, and may your projects be completed on time and within budget! This document is essential for a smooth project handover, so make sure you get it right. It's worth the effort to ensure a successful project completion. Make sure everything is accurate, detailed, and legally sound.