Contoh Berita Acara PHO Sesuai Perpres 12/2021

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Contoh Berita Acara PHO Sesuai Perpres 12/2021

Understanding and implementing the Presidential Regulation (Perpres) No. 12 of 2021 is crucial for anyone involved in government procurement. This regulation, which amends Perpres No. 16 of 2018, outlines important guidelines, especially concerning the Handover Minutes of Work (Berita Acara Serah Terima Pekerjaan, or BAST). So, what exactly does a compliant BAST look like under Perpres 12/2021? Let’s dive into the details and provide a practical example to help you navigate this process.

The Handover Minutes of Work (Berita Acara Serah Terima Pekerjaan), or BAST, is more than just a formality; it's a critical document in government procurement. It officially marks the completion and acceptance of a project or service. Under Presidential Regulation (Perpres) 12/2021, the BAST must adhere to specific guidelines to ensure compliance and transparency. The primary function of the BAST is to legally transfer responsibility for the completed work from the contractor to the government entity. This transfer signifies that the work has met the required standards and specifications outlined in the contract. A well-executed BAST protects both parties involved by providing a clear record of the project's completion and acceptance. It serves as a reference point in case of future disputes or audits. It confirms that the contractor has fulfilled their obligations and that the government entity has formally acknowledged the completion of the work. Furthermore, the BAST triggers the payment process. Once the BAST is signed, the government entity can proceed with the final payment to the contractor, ensuring timely compensation for their services. In essence, the BAST is a cornerstone of accountability and efficiency in government procurement. Ignoring the stipulations outlined in Perpres 12/2021 can lead to serious repercussions, including project delays, financial losses, and legal challenges. Therefore, a thorough understanding of the BAST requirements is essential for all stakeholders involved in government projects.

Key Elements of a BAST According to Perpres 12/2021

To ensure your BAST complies with Perpres 12/2021, several key elements must be included. First and foremost, clarity and accuracy are paramount. The document must clearly state the project's name, location, and contract number. This information provides context and helps identify the specific project to which the BAST pertains. The date of the handover is also critical. It marks the official transfer of responsibility and triggers subsequent actions, such as payment processing. The BAST must include detailed descriptions of the work completed. This section should outline the specific tasks, deliverables, and outcomes achieved during the project. It should align with the contract specifications and any approved variations. Any deviations from the original plan must be clearly documented and justified. The BAST should also include a statement confirming that the work meets the required quality standards. This statement should be supported by evidence, such as inspection reports, test results, and certifications. These documents provide objective proof that the work has been thoroughly assessed and meets the necessary criteria. Signatures from authorized representatives of both the contractor and the government entity are essential. These signatures signify formal acceptance of the work and agreement to the terms outlined in the BAST. The names, titles, and affiliations of the signatories must be clearly indicated. Additionally, the BAST should include clauses addressing potential disputes or liabilities. These clauses should outline the procedures for resolving disagreements and assigning responsibility for any defects or damages discovered after the handover. By addressing these issues proactively, the BAST can help prevent future conflicts and ensure a smooth project closeout. In summary, a comprehensive BAST according to Perpres 12/2021 is a detailed, accurate, and legally sound document that protects the interests of all parties involved. It serves as a vital record of the project's completion and acceptance, ensuring accountability and transparency in government procurement.

Contoh Berita Acara Serah Terima Pekerjaan (PHO)

BERITA ACARA SERAH TERIMA PEKERJAAN Nomor: [Insert Number]

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

  1. [Nama Pejabat Pembuat Komitmen (PPK)], selaku Pejabat Pembuat Komitmen (PPK), berdasarkan Surat Keputusan [SK Number] tanggal [Date]. Selanjutnya disebut sebagai PIHAK PERTAMA.
  2. [Nama Penyedia Barang/Jasa], selaku [Jabatan] dari [Nama Perusahaan], berdasarkan Akta Notaris Nomor [Nomor Akta] tanggal [Date]. Selanjutnya disebut sebagai PIHAK KEDUA.

Berdasarkan:

  • Surat Perjanjian/Kontrak Nomor: [Contract Number] tanggal [Contract Date] tentang [Nama Pekerjaan].
  • Berita Acara Pemeriksaan Pekerjaan Nomor: [Inspection Report Number] tanggal [Inspection Report Date].

PIHAK PERTAMA dan PIHAK KEDUA dengan ini menyatakan:

  1. PIHAK KEDUA telah melaksanakan pekerjaan [Nama Pekerjaan] sesuai dengan Surat Perjanjian/Kontrak Nomor: [Contract Number] tanggal [Contract Date] dengan nilai sebesar Rp [Contract Value] (terbilang [Contract Value in Words]).
  2. PIHAK KEDUA menyerahkan hasil pekerjaan tersebut kepada PIHAK PERTAMA.
  3. PIHAK PERTAMA menerima hasil pekerjaan tersebut dari PIHAK KEDUA.

Dengan demikian, sejak ditandatanganinya Berita Acara ini, maka tanggung jawab atas pekerjaan [Nama Pekerjaan] beralih dari PIHAK KEDUA kepada PIHAK PERTAMA.

Demikian Berita Acara Serah Terima Pekerjaan ini dibuat dalam rangkap [Number of Copies], masing-masing mempunyai kekuatan hukum yang sama, dan ditandatangani oleh kedua belah pihak dalam keadaan sadar tanpa paksaan dari pihak manapun.

PIHAK PERTAMA [Nama PPK] [NIP PPK] [Jabatan PPK]

PIHAK KEDUA [Nama Penyedia Barang/Jasa] [Jabatan] [Nama Perusahaan]

[Materai Rp 10.000]

How to Customize the BAST Template

The sample BAST above provides a solid foundation, but you'll need to customize it to fit your specific project. Start by accurately filling in all bracketed information, such as dates, names, and contract numbers. Double-check these details to avoid errors. Next, carefully describe the scope of work completed. Be specific and avoid vague language. Refer to the contract documents and inspection reports to ensure accuracy. If there were any changes or deviations from the original plan, document them clearly in the BAST. Explain the reasons for the changes and include any supporting documentation. Ensure that the contract value stated in the BAST matches the agreed-upon amount. If there were any variations or adjustments, reflect them accurately in the document. Before signing the BAST, review it thoroughly with all relevant parties. This includes the PPK, the contractor, and any technical experts involved in the project. Address any concerns or discrepancies before finalizing the document. Ensure that all signatories have the authority to sign the BAST on behalf of their respective organizations. Verify their identities and titles before obtaining their signatures. Include the appropriate stamp duty (materai) on the BAST as required by Indonesian law. This validates the document and makes it legally binding. Keep a copy of the signed BAST for your records. Distribute copies to all relevant parties, including the PPK, the contractor, and the project file. Finally, remember that the BAST is a legal document. Consult with legal counsel if you have any doubts or concerns about its contents or implications. Tailoring the BAST template to your project's specific circumstances ensures compliance and protects the interests of all parties involved. This meticulous approach is crucial for maintaining transparency and accountability in government procurement.

Common Mistakes to Avoid When Preparing a BAST

Preparing a Berita Acara Serah Terima Pekerjaan (BAST) that complies with Perpres 12/2021 requires attention to detail. Several common mistakes can lead to non-compliance and potential legal issues. One frequent error is using outdated or incorrect templates. Always ensure you're using the latest version of the BAST template that aligns with the current regulations. Failing to accurately describe the scope of work is another common pitfall. Vague descriptions can create ambiguity and lead to disputes later on. Be specific and thorough in outlining the tasks completed and the deliverables achieved. Inconsistent information between the BAST and the contract documents is a significant red flag. Ensure that all details, such as contract numbers, dates, and values, match exactly. Discrepancies can raise doubts about the validity of the document. Omitting supporting documentation, such as inspection reports or test results, weakens the BAST's credibility. These documents provide evidence that the work meets the required standards. Neglecting to obtain signatures from authorized representatives invalidates the BAST. Verify that all signatories have the authority to sign on behalf of their respective organizations. Failing to include the appropriate stamp duty (materai) is a common oversight. This makes the BAST legally deficient and can lead to penalties. Ignoring changes or deviations from the original plan is a major mistake. Document any variations clearly and explain the reasons for the changes. Using unclear or ambiguous language can create confusion and misinterpretations. Use precise and straightforward language to avoid any misunderstandings. Lastly, rushing the BAST preparation process increases the risk of errors. Take the time to review the document thoroughly and ensure accuracy before signing. Avoiding these common mistakes ensures that your BAST is compliant, accurate, and legally sound, protecting the interests of all parties involved in the project.

Conclusion

Creating a Berita Acara Serah Terima Pekerjaan (BAST) that adheres to Perpres 12/2021 doesn't have to be daunting. By understanding the key elements, customizing the template appropriately, and avoiding common mistakes, you can ensure a smooth and compliant handover process. Remember, the BAST is a critical document that protects all parties involved, so take the time to get it right! Adhering to these guidelines ensures compliance, transparency, and accountability in government procurement. By understanding the essential elements of a BAST, customizing the template to your specific project, and avoiding common mistakes, you can navigate the handover process with confidence. Remember, the BAST is more than just a formality; it's a crucial document that safeguards the interests of all stakeholders involved. Therefore, a meticulous approach to its preparation is essential for successful project completion and compliance with Perpres 12/2021.