Contoh Berita Acara PHO Sesuai Perpres 12/2021

Understanding the Handover Minutes (Berita Acara Serah Terima - BAST) and Provisional Handover (Provisional Handover - PHO) according to Presidential Regulation (Perpres) 12 of 2021 is crucial, guys, especially if you're involved in government projects. These documents are super important for formally acknowledging the completion and handover of a project. This article will dive deep into what a Handover Minutes (BAST) and PHO are, how they relate to Perpres 12/2021, and give you a practical example of a PHO document. So, let's get started and make sure you're all clued up on this vital aspect of project management!

What is Berita Acara Serah Terima (BAST)?

Okay, so let's break down what Berita Acara Serah Terima (BAST) actually means. Simply put, it's the official document that confirms the transfer of responsibility for a project or asset from one party to another. Think of it like the final receipt you get when you've completed a transaction. In the context of government projects, this usually means the contractor handing over the completed work to the project owner, which is often a government agency. This document is critical because it marks the point at which the contractor is no longer responsible for the project's upkeep, security, or any potential issues that might arise. It's like saying, "Okay, we're done here, it's all yours now!"

The BAST will typically include details such as the project name, location, and a detailed description of what's being handed over. It will also state that the project has been completed according to the agreed-upon specifications and standards. Crucially, the BAST needs to be signed by representatives from both parties – the contractor and the government agency. This signifies that both sides agree on the terms of the handover and that the project meets the required standards. It’s not just a piece of paper; it’s a legally binding agreement that protects both parties involved. So, getting the BAST right is super important to avoid any headaches down the line. Make sure everything is accurate and that all parties are in agreement before signing on the dotted line. Trust me, you'll thank yourself later!

What is Provisional Handover (PHO)?

Now, let's talk about Provisional Handover (PHO). This is a stage that happens before the final BAST. Think of it as a preliminary handover. It’s basically when the project is considered substantially complete but might still have a few minor issues or snags that need to be ironed out. The PHO signifies that the main parts of the project are finished and usable, even if there are a few finishing touches still to be done. For example, a building might be structurally complete and ready for occupancy, but there might still be some landscaping to finish or some minor electrical work to complete.

The PHO is important because it allows the government agency to start using the facility or asset while the contractor addresses the remaining issues. This can be particularly useful for projects that are time-sensitive or critical for public services. The PHO document will usually include a list of the outstanding items, a timeline for their completion, and the responsibilities of each party. It’s like a to-do list that needs to be ticked off before the final handover. The PHO also often includes clauses about warranties and guarantees, ensuring that the contractor remains responsible for any defects or issues that might arise after the PHO. Getting the PHO right is all about balancing the need to start using the project with the need to ensure that everything is completed to the required standard. It's a delicate balance, but getting it right can save a lot of time and hassle. So, pay close attention to the details and make sure everyone is on the same page.

How Perpres 12/2021 Affects the PHO Process

So, how does Perpres 12/2021 come into play here? Well, this regulation provides the legal framework and guidelines for government procurement, including the procedures for handover and acceptance of projects. Perpres 12/2021 emphasizes transparency, accountability, and efficiency in government spending, and this extends to the PHO process. It sets out the roles and responsibilities of various parties, including the project owner, the contractor, and the supervising engineer, ensuring that everyone knows what they need to do. The regulation also outlines the requirements for documentation, reporting, and auditing, which helps to prevent fraud and corruption. Perpres 12/2021 also encourages the use of technology to streamline the procurement process, making it easier to track progress, manage documents, and communicate between parties.

One of the key ways that Perpres 12/2021 affects the PHO process is by requiring a more rigorous assessment of the project's compliance with the agreed-upon specifications. This means that the government agency needs to be extra careful in checking that the project meets all the required standards before issuing the PHO. This includes verifying that all the necessary tests and inspections have been carried out, and that the results are satisfactory. Perpres 12/2021 also emphasizes the importance of risk management, requiring government agencies to identify and mitigate potential risks throughout the project lifecycle, including the PHO phase. This helps to ensure that projects are completed on time, within budget, and to the required quality standards. In short, Perpres 12/2021 aims to make the PHO process more robust, transparent, and accountable, helping to ensure that government projects deliver value for money and meet the needs of the public. So, it's crucial to understand the requirements of Perpres 12/2021 to ensure that you're following the rules and regulations.

Key Elements of a PHO Berita Acara Based on Perpres 12/2021

Alright, let's break down the key elements that need to be included in a PHO Berita Acara, keeping in mind the guidelines from Perpres 12/2021. These elements are super important to make sure the document is legally sound and covers all the necessary bases. First off, you absolutely need to have the identification details of the project. This includes the full project name, the location where the project took place, the contract number, and the date the contract was signed. Think of it as the project's official ID card. Next, you'll need to clearly state the parties involved. This means listing the names, titles, and contact information of everyone who's signing off on the PHO, including representatives from the government agency and the contractor. Make sure everyone's name is spelled correctly and their titles are accurate – you don't want any confusion later on.

Then comes the description of the work completed. This should be a detailed summary of what's been accomplished so far, referencing the original contract specifications. Be as specific as possible, highlighting the key milestones that have been reached. If there are any deviations from the original plan, make sure to document them clearly and explain why they occurred. After that, you'll need to include a list of any outstanding items or deficiencies. This is where you detail the things that still need to be completed or fixed before the final handover. Be specific about what needs to be done, who's responsible for doing it, and the agreed-upon timeline for completion. It's like creating a to-do list that everyone needs to sign off on. Next up is the acceptance statement. This is a formal declaration that the government agency accepts the completed work, subject to the completion of the outstanding items. It should state that the project is substantially complete and ready for use, even if there are a few minor issues still to be resolved. Finally, you'll need to include the signatures and dates from all the parties involved. This is the most important part of the document, as it signifies that everyone agrees on the terms of the PHO. Make sure everyone signs and dates the document in the presence of a witness, if possible. Getting all these elements right is crucial for creating a solid PHO Berita Acara that complies with Perpres 12/2021.

Example of a PHO Berita Acara

BERITA ACARA SERAH TERIMA SEMENTARA (PHO)
Nomor: [Nomor Dokumen]

Pada hari ini, [Tanggal], bertempat di [Lokasi], kami yang bertanda tangan di bawah ini:

1.  [Nama Pejabat Pembuat Komitmen (PPK)], selaku Pejabat Pembuat Komitmen, berdasarkan Surat Keputusan Nomor: [Nomor SK PPK], selanjutnya disebut PIHAK PERTAMA.
2.  [Nama Direktur/Pimpinan Perusahaan], selaku Direktur/Pimpinan [Nama Perusahaan], berdasarkan Akta Notaris Nomor: [Nomor Akta Notaris], selanjutnya disebut PIHAK KEDUA.

Berdasarkan:

*   Peraturan Presiden Nomor 12 Tahun 2021 tentang Perubahan atas Peraturan Presiden Nomor 16 Tahun 2018 tentang Pengadaan Barang/Jasa Pemerintah.
*   Kontrak Nomor: [Nomor Kontrak] tanggal [Tanggal Kontrak] tentang [Nama Pekerjaan].
*   Berita Acara Pemeriksaan Pekerjaan Nomor: [Nomor Berita Acara Pemeriksaan Pekerjaan] tanggal [Tanggal Berita Acara Pemeriksaan Pekerjaan].

MENYATAKAN BAHWA:

1.  PIHAK KEDUA telah melaksanakan pekerjaan [Nama Pekerjaan] sesuai dengan Kontrak Nomor: [Nomor Kontrak] tanggal [Tanggal Kontrak] dengan nilai sebesar Rp [Nilai Kontrak] (Terbilang: [Sebutan Nilai Kontrak]).
2.  PIHAK PERTAMA telah menerima hasil pekerjaan tersebut untuk diserahterimakan secara sementara (Provisional Hand Over – PHO).
3.  Serah Terima Sementara (PHO) pekerjaan ini dilakukan dengan ketentuan sebagai berikut:
    *   Masa Pemeliharaan: [Jumlah Hari/Bulan] terhitung sejak tanggal penandatanganan Berita Acara ini.
    *   PIHAK KEDUA wajib memperbaiki/menyelesaikan kekurangan-kekurangan pekerjaan yang tercantum dalam Lampiran Berita Acara ini (jika ada) selama Masa Pemeliharaan.

Demikian Berita Acara Serah Terima Sementara (PHO) ini dibuat dengan sebenarnya dan ditandatangani oleh kedua belah pihak pada hari dan tanggal tersebut di atas, dalam rangkap 2 (dua), masing-masing mempunyai kekuatan hukum yang sama.

PIHAK PERTAMA, 
[Nama PPK] 
[NIP PPK]

PIHAK KEDUA, 
[Nama Direktur/Pimpinan Perusahaan] 
[Jabatan Direktur/Pimpinan Perusahaan]

Tips for Ensuring a Smooth PHO Process

To make sure your PHO process goes smoothly, here are a few tips to keep in mind. First, communication is key. Keep all parties informed of progress and any potential issues. Regular meetings and updates can help prevent misunderstandings and ensure everyone is on the same page. Second, document everything. Keep detailed records of all inspections, tests, and approvals. This will help you track progress and provide evidence of compliance with the contract specifications. Third, be proactive in addressing issues. Don't wait until the last minute to fix problems. Identify and resolve issues as early as possible to avoid delays and cost overruns. Fourth, be flexible and willing to compromise. Sometimes, unforeseen circumstances can arise that require changes to the original plan. Be willing to work with the other parties to find solutions that are acceptable to everyone. Fifth, seek expert advice if needed. If you're not sure about something, don't be afraid to ask for help. Consult with engineers, lawyers, or other professionals who can provide guidance and support. By following these tips, you can help ensure that your PHO process is efficient, effective, and stress-free.

Conclusion

In conclusion, understanding the Berita Acara Serah Terima (BAST) and Provisional Handover (PHO) processes, especially in the context of Perpres 12/2021, is super important for anyone involved in government projects. These documents are not just formalities; they are legally binding agreements that protect the interests of all parties involved. By following the guidelines outlined in Perpres 12/2021 and paying close attention to the key elements of the PHO Berita Acara, you can help ensure that projects are completed on time, within budget, and to the required quality standards. Remember, communication, documentation, and proactive problem-solving are essential for a smooth PHO process. So, stay informed, stay organized, and don't be afraid to ask for help when you need it. With the right approach, you can navigate the PHO process with confidence and ensure that your projects deliver value for money and meet the needs of the public. Good luck, and happy project managing!