Contoh Berita Acara PHO Sesuai Perpres 12/2021

Understanding the ins and outs of berita acara PHO (Provisional Handover Certificate) according to Perpres 12/2021 can feel like navigating a maze, guys. But don't worry! This article is here to break it down for you, providing a clear example and explaining why it's so important, especially when you're dealing with government projects. Let’s dive in and make sure you're well-equipped to handle this crucial document.

What is 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 owner (usually a government entity) after the construction or work is substantially completed. This document is super important because it marks a significant milestone in any project. It indicates that the major part of the work has been done and that the project is ready for initial use, even though there might still be some minor snags to fix. Perpres 12/2021 (Peraturan Presiden Nomor 12 Tahun 2021) is the Presidential Regulation that governs procurement of goods and services by the government in Indonesia, and it lays out the rules for how this handover process should go down. Adhering to this regulation ensures transparency, accountability, and efficiency in project management. The berita acara PHO confirms compliance with the agreed-upon specifications and standards, acting as a safeguard for both the contractor and the owner, protecting their rights and obligations as defined in the contract. For the contractor, it validates their work and sets the stage for payment. For the owner, it ensures they are receiving a project that meets their requirements. This is why it's absolutely essential to get it right. The PHO isn't just a piece of paper; it's a confirmation that a big step has been achieved, paving the way for the project to start benefiting the community or serving its intended purpose. Think of it as the first big thumbs-up after a long journey of construction and hard work, with the final, more detailed sign-off coming later. So, keep this in mind, and you'll navigate the PHO process like a pro.

Key Elements of a Berita Acara PHO

Alright, let's break down the key elements that must be included in a Berita Acara PHO, especially when you're following Perpres 12/2021. These elements ensure that the document is comprehensive, legally sound, and clearly outlines the status of the project handover. First off, you absolutely need the basic information: This includes the title of the document (Berita Acara Serah Terima Provisional/PHO), the date and location of the handover, and the project name. These details set the stage and provide context for everything else. Following that, clearly state the identities of the parties involved. This means the full legal names, addresses, and contact information of both the contractor and the owner (the government entity). Include the names and positions of the representatives from each party who are present at the handover. Next, you've got to have a reference to the contract. Include the contract number, the date it was signed, and a brief description of the project scope. This ties the PHO directly back to the original agreement, ensuring that everyone is on the same page regarding the project's objectives and specifications. A detailed description of the work completed is essential. This section should outline exactly what has been accomplished, referencing specific milestones, deliverables, and quantities as outlined in the contract. It should also mention any variations or changes to the original scope, along with the approved change orders. Now comes the important part – the statement of provisional acceptance. This is where the owner formally acknowledges that the work has been substantially completed and provisionally accepts the handover. This statement should explicitly mention that the acceptance is provisional and that some minor works or rectifications may still be outstanding. A list of any outstanding works or defects needs to be included. This list should detail any incomplete items, snags, or defects that need to be addressed by the contractor after the provisional handover. Include a timeline for when these items are expected to be completed. Finally, don't forget the signatures and official stamps. The Berita Acara PHO must be signed by authorized representatives from both the contractor and the owner. Include their full names, titles, and the date of signing. Affixing official stamps from both organizations adds an extra layer of authenticity and legality to the document. By ensuring that all of these key elements are included in your Berita Acara PHO, you can create a document that is clear, comprehensive, and legally sound, protecting the interests of all parties involved and ensuring a smooth handover process.

Contoh Berita Acara PHO (Example)

To give you a clearer picture, let's look at an example of how a Berita Acara PHO might be structured according to Perpres 12/2021.

BERITA ACARA SERAH TERIMA PROVISIONAL (PHO)

Nomor: [Insert Number Here]

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

1. [Nama Lengkap], [Jabatan], selaku [Jabatan] dari [Nama Instansi/Perusahaan Kontraktor], berkedudukan di [Alamat Kontraktor], yang selanjutnya disebut sebagai PIHAK PERTAMA (Kontraktor).

2. [Nama Lengkap], [Jabatan], selaku [Jabatan] dari [Nama Satuan Kerja/PPK], berkedudukan di [Alamat Satuan Kerja], yang selanjutnya disebut sebagai PIHAK KEDUA (Pemberi Tugas).

Berdasarkan:

• Surat Perjanjian Kerja/Kontrak Nomor: [Nomor Kontrak] tanggal [Tanggal Kontrak] tentang [Nama Pekerjaan/Proyek].
• Addendum Kontrak (jika ada) Nomor: [Nomor Addendum] tanggal [Tanggal Addendum] tentang [Perubahan dalam Kontrak].
• Berita Acara Pemeriksaan Pekerjaan Nomor: [Nomor Berita Acara Pemeriksaan] tanggal [Tanggal Berita Acara Pemeriksaan].

Dengan ini menyatakan bahwa PIHAK PERTAMA telah melaksanakan pekerjaan [Nama Pekerjaan/Proyek] sesuai dengan Surat Perjanjian Kerja/Kontrak sebagaimana tersebut di atas, dan PIHAK KEDUA telah menerima hasil pekerjaan tersebut secara Provisional dengan ketentuan sebagai berikut:

1. Pekerjaan yang telah diselesaikan adalah [Uraian Singkat Pekerjaan yang Telah Diselesaikan].
2. Masih terdapat kekurangan/cacat pekerjaan sebagaimana terlampir dalam Daftar Kekurangan/Cacat Pekerjaan (Lampiran 1), yang akan diselesaikan oleh PIHAK PERTAMA dalam jangka waktu [Jumlah Hari] hari kalender, terhitung mulai tanggal penandatanganan Berita Acara ini.
3. PIHAK KEDUA akan melakukan pembayaran sesuai dengan ketentuan yang berlaku setelah PIHAK PERTAMA menyelesaikan kekurangan/cacat pekerjaan tersebut.

Demikian Berita Acara Serah Terima Provisional (PHO) ini dibuat dengan sebenarnya dalam rangkap secukupnya, ditandatangani oleh kedua belah pihak dalam keadaan sadar, tanpa paksaan, dan mempunyai kekuatan hukum yang sama.

PIHAK PERTAMA (Kontraktor) PIHAK KEDUA (Pemberi Tugas)

[Nama Lengkap] [Nama Lengkap]

[Jabatan] [Jabatan]

[Tanda Tangan & Stempel] [Tanda Tangan & Stempel]

Lampiran 1: Daftar Kekurangan/Cacat Pekerjaan

This example includes all the essential elements: the parties involved, contract references, a description of the work, and a clear statement of provisional acceptance. Remember to tailor this template to fit the specifics of your project. Always make sure that every detail is accurate and aligns with the contract documents. This will help you avoid disputes and ensure a smooth handover process. This is a sample, guys, you must adjust to your project!

Importance of Following Perpres 12/2021

Following Perpres 12/2021 when preparing a Berita Acara PHO isn't just a suggestion; it's crucial for ensuring compliance, transparency, and accountability in government projects. This regulation sets the standard for how goods and services are procured, and adhering to it helps prevent legal and financial complications down the road. When you stick to Perpres 12/2021, you're ensuring that the entire procurement process is fair and transparent. This means that all contractors have a level playing field, and the government is getting the best value for its money. The regulation outlines specific procedures and requirements that must be followed, reducing the risk of fraud, corruption, and other irregularities. Compliance with Perpres 12/2021 helps minimize the risk of legal challenges and disputes. If a contractor or government entity deviates from the prescribed procedures, it could open the door to lawsuits and other legal issues. By following the regulation, you're creating a clear and defensible record of the project's progress and handover. This regulation also ensures that all parties involved are held accountable for their actions. It establishes clear roles and responsibilities, making it easier to identify and address any issues that may arise. This accountability promotes efficiency and helps ensure that projects are completed on time and within budget. Transparency is another key benefit of following Perpres 12/2021. The regulation requires that all procurement activities are documented and made available for public scrutiny. This transparency helps build trust between the government, contractors, and the public. It also allows for greater oversight and helps prevent abuse of power. Ultimately, adhering to Perpres 12/2021 is about promoting good governance and responsible use of public funds. It ensures that government projects are carried out in a fair, transparent, and accountable manner, delivering maximum value to the community. So, guys, make sure you and your team know this regulation well!

Common Mistakes to Avoid

When preparing a Berita Acara PHO, there are several common mistakes that you should avoid to ensure the document is accurate, complete, and legally sound. Overlooking these potential pitfalls can lead to disputes, delays, and even legal complications. One of the most frequent errors is incomplete or inaccurate information. This includes missing contract details, incorrect dates, and vague descriptions of the work completed. Always double-check every detail to ensure it matches the contract documents and reflects the actual status of the project. Another common mistake is failing to properly document outstanding works or defects. A comprehensive list of any incomplete items, snags, or defects is crucial for setting expectations and ensuring that the contractor addresses these issues promptly. Be specific and include clear descriptions, locations, and agreed-upon timelines for completion. Ignoring variations or changes to the original scope can also cause problems. If there were any changes to the project scope during construction, make sure these are documented with approved change orders and referenced in the Berita Acara PHO. Failure to do so can lead to disagreements about what was actually agreed upon and what still needs to be done. Lack of proper signatures and stamps is another easily avoidable mistake. The Berita Acara PHO must be signed by authorized representatives from both the contractor and the owner, with their full names, titles, and the date of signing clearly indicated. Affixing official stamps from both organizations adds an extra layer of authenticity and legality to the document. Failing to adhere to the requirements of Perpres 12/2021 is a significant oversight. This regulation sets the standard for government procurement, and non-compliance can have serious consequences. Familiarize yourself with the relevant provisions of Perpres 12/2021 and ensure that the Berita Acara PHO meets all the necessary requirements. Finally, using generic templates without customization can be a risky move. While templates can be a useful starting point, they should always be tailored to the specifics of the project. Avoid using a one-size-fits-all approach and take the time to customize the template to reflect the unique details of your project. By avoiding these common mistakes, you can create a Berita Acara PHO that is accurate, complete, and legally sound, protecting the interests of all parties involved and ensuring a smooth handover process. Remember, attention to detail is key. Do not rush the process, guys!

Conclusion

Alright, folks, mastering the Berita Acara PHO according to Perpres 12/2021 might seem daunting at first, but with a solid understanding of its key elements, a careful review of the example provided, and a commitment to avoiding common mistakes, you'll be well-equipped to navigate this crucial process. Remember, this document is more than just a formality; it's a testament to the hard work and dedication of everyone involved in the project. By ensuring its accuracy and completeness, you're not only protecting the interests of all parties but also contributing to the success and sustainability of government initiatives. So, take your time, pay attention to detail, and don't hesitate to seek clarification when needed. With the right approach, you can confidently prepare a Berita Acara PHO that meets all the requirements of Perpres 12/2021 and paves the way for a smooth and successful project handover. Good luck, and remember to always double-check your work! Always. Understand the regulation fully before starting any construction. Have a great project, guys!