4 Jenis Sanksi untuk Pelanggaran Undang-undang Arsitek
- On 10/09/2024
The Architects Act is an essential legal foundation for regulating the practice of the architectural profession in Indonesia. This law was created to uphold integrity, quality, and standards in the field of architecture. Understanding and adhering to these regulations is crucial, as they directly impact the safety, comfort, and quality of constructed buildings.
With the enactment of the Architects Law Number 6 of 2017 concerning Architects and the Government Regulation of the Republic of Indonesia Number 15 of 2021 on the Implementation of the Architects Law, the architectural profession has a strong legal foundation for practicing architecture. The issuance of the Architect Registration Certificate (STRA) by the Indonesian Architect Council (DAI) as a requirement for obtaining a practice license from the Regional Government, together with representatives from the local IAI Board, is a key step to enforce legal compliance and oversee the use of the architect title.
Thus, the credibility of an architect who holds a STRA/license will be better maintained. Architects with a STRA are required to comply with all regulations, ethics, and performance standards set by the Indonesian Architect Council. Violations of the established regulations, ethics, and performance standards will result in sanctions for the violator.
Violations of Architectural Practice
In the practice of architecture, there are two types of violations that STRA/license holders must avoid. These violations include:
"STRA/License Ownership Violations"
"One of the main violations in architectural practice is when an individual or entity performing architectural work does not possess a valid STRA/license. The STRA/license is a mark of recognition that someone has met the necessary education, training, and experience requirements to be a competent architect. Without a STRA/license, a person is not authorized to legally practice architecture."
"Ownership violations of the STRA, according to Article 61, include:"
- "Architectural practice without a STRA/license."
- "Expired Validity"
- "Borrowing/Lending, Renting/Leasing"
"Violations of Architect Performance Standards"
"In addition to holding a STRA/license, architects are also expected to meet the established and/or required performance standards. This includes professional ethics, design quality, safety, and compliance with applicable building regulations. Violations of these standards can negatively impact the quality of work and the safety of architectural projects."
"Violations of architect performance standards within the scope of services include:"
- "Preparation of Architectural Preliminary Study (Article 6)."
- "Building and Environmental Planning (Article 9)."
- "Preservation of Buildings and Their Environments (Article 17)."
- "Planning of Building Layout and Its Environment (Article 25)."
- "Preparation of Technical Planning Documents (Article 28)."
- "Supervision of Architectural Aspects in the Implementation of Building Construction and Its Environment (Article 29)."
"4 Types of Sanctions for Violations of the Architects Act"
"To maintain the integrity of the architectural profession and ensure that architectural practices are conducted properly and correctly, there are sanctions that can be imposed for violations of the Architects Act:"
"Written Warning"
"In cases of minor violations or first-time offenses, the Indonesian Architect Council may issue a written warning to the individual or entity that violated the regulations. This warning serves as a reminder to comply with the rules."
"Temporary Suspension of STRA"
"If the violation is more serious, the Indonesian Architect Council may decide to temporarily suspend the STRA. This means that the architect in question is no longer authorized to practice architecture until the issue is resolved. The DAI will assess whether the architect has met the requirements to resume normal practice before lifting the sanction."
"Revocation of STRA Ownership"
"If the violations are repeated or very serious, the Indonesian Architect Council may revoke the STRA ownership based on recommendations from the local provincial government, which has the authority to revoke an architect's license. This sanction will eliminate an individual's rights and authority to legally continue architectural practice. In other words, the violator will not have a legal basis/protection if they encounter issues while working on projects in the future."
"Reporting to the Authorities"
"In cases of more serious legal violations, the Indonesian Architect Council may report the individual or entity involved to the authorities. Legal action may be taken in accordance with applicable laws."
"In carrying out their practice, architects must always comply with the applicable regulations and laws. The Architects Act and its implementing regulations provide a clear framework for this profession, and violations can lead to serious sanctions. Therefore, it is essential for all architects and aspiring architects to understand the requirements and adhere to these regulations to contribute positively to the construction industry, as well as to the nation's development and progress."
"For more information about the regulations governing the architectural profession, you can visit" website Dewan Arsitek Indonesia (DAI)"As licensed architects holding a valid STRA, let us work together to uphold integrity and professionalism in the architectural profession for a better future."
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