The fulfillment of goods/services needs is an essential part that cannot be separated from the implementation of government activities. The availability of goods/services is not only part of the government’s duties and responsibilities in meeting public infrastructure and facilities needs, but also serves as a necessity for the government itself in running its administration.

The provision of services in construction work is inseparable from agreements or contracts, which serve as evidence of an agreement between the parties involved—in this case, the service provider and the service user—in carrying out their respective rights and obligations. According to Mohammad Amari and Asep N. Mulyana, a contract is “a legal relationship between parties that gives rise to mutual rights and obligations.”

Construction work contracts are regulated under Law Number 2 of 2017 concerning Construction Services. According to Article 1 point 8 of Law Number 2 of 2017: "A Construction Work Contract is a set of contractual documents that govern the legal relationship between the service user and the service provider in the implementation of construction services."

The rights of service providers in a construction services contract include receiving payment for construction services as agreed in the contract. Meanwhile, the obligations of the service user include paying the construction service fees to the provider in accordance with the terms of the construction work contract.

Based on Article 1 paragraph (6) of Law Number 2 of 2017 on Construction Services, a “Service Provider is a provider of Construction Services.” However, in practice, society often uses the term "Building Contractor," which is also used in the Civil Code (KUHPerdata) when referring to someone who undertakes building construction. Meanwhile, Article 1 paragraph (5) of the same law states: “A Service User is the owner or party assigning the work who utilizes the

Construction Services.” According to Article 39 paragraph (2) of Law Number 2 of 2017, service users and service providers can be individuals or business entities. The types of services provided by service providers are divided into three categories: Construction Consultancy Services, Construction Work Services, and Integrated Construction Work Services.

In practice, both service providers and users often prioritize technical aspects and pay little attention to other aspects, particularly legal ones. During contract implementation, both parties are required to perform their obligations in good faith and must not violate the terms stipulated in the contract.

However, during the implementation of an agreement, there are instances where a party fails to fulfill the agreed terms for various reasons—either due to external circumstances or internal incapacity. When the failure is caused by factors within the party itself, it constitutes a breach of contract (wanprestasi). Such breach inevitably causes harm to one party, and the breaching party must be held civilly liable for their actions.

A breach of contract may include delayed payments, failure to meet quality specifications, or even unilateral termination of the contract without valid justification. As a result, contractors often suffer material and immaterial losses and are frequently in a weak position when it comes to asserting their rights.

To categorize an act as a breach of contract (wanprestasi), the following elements must be present:

One real case reflecting the issue of breach of contract occurred in the national road preservation project on the Doloksanggul–Siborongborong route in Humbang Hasundutan Regency, North Sumatra Province. The project experienced delays in completion, resulting in a contract addendum of 25 days. However, the final work still did not meet the technical specifications.

This condition meets the elements of breach of contract as outlined in Article 1243 of the Civil Code and Law Number 2 of 2017 on Construction Services. Therefore, this case is relevant as an empirical reference in legal research on the protection of labor-based service providers affected by contractors' breach of contract in road paving projects.

Based on the above explanation, normative legal research is necessary to examine the legal protection available to subcontracted service providers who suffer losses due to the contractor’s breach of contract in the implementation of road paving construction service contracts. The study will focus on a juridical approach based on Law Number 2 of 2017 on Construction Services and the Civil Code. This research specifically addresses two research questions:

This study employs a normative juridical method with a qualitative approach through library research, aiming to analyze the forms of legal protection and legal remedies available to subcontracted service providers due to the contractor's breach of contract in road paving construction services.

The data used in this research include:

All data are analyzed qualitatively through systematic description, interpretation, and evaluation to address the core legal issues discussed in this research.

The form of legal protection for subcontracted service providers who suffer losses due to a contractor’s breach of contract is a legal guarantee to ensure their rights are upheld during the implementation of a construction service contract. This protection is classified into two types: preventive and repressive. Preventive protection includes detailed contractual clauses, performance bonds, advance payment guarantees, and the certification and qualification of construction business entities in accordance with Articles 21–22 and 43 of Law Number 2 of 2017, as well as Articles 1320 and 1338 of the Civil Code.

Repressive protection is undertaken after a violation has occurred, through actions such as somasi, civil lawsuits under Articles 1243 and 1246 of the Civil Code, reporting to the BPJN, or contract termination pursuant to Article 96 of Law Number 2 of 2017.

The combination of these protections aims to balance the legal position of subcontracted service providers, who are often vulnerable to losses caused by the main contractor’s breach of contract.

The legal remedies available to subcontracted service providers for delays in road paving projects represent a form of legal protection against contractual breaches, as stipulated in Article 1243 of the Civil Code and Law Number 2 of 2017 on Construction Services. In the case of the Dolok Sanggul–Siborongborong project, the delay and non-conformance with technical specifications serve as legitimate grounds for subcontracted service providers to assert their rights.

Legal actions may begin with administrative steps such as reporting to the BBPJN, enforcement of delay penalties, requesting fair addendums, somasi, internal negotiation or mediation, and arbitration through BANI. If non-litigation efforts fail, litigation may be pursued through breach of contract claims or contract termination under Article 96 of the Construction Services Law.

Thus, subcontracted service providers continue to have legal access to justice and the protection of their rights.

To minimize the risk of breach of contract in construction service agreements, it is recommended that each subcontracting agreement be drafted in detail and include clear clauses on the rights and obligations of the parties, including dispute resolution mechanisms and sanctions for violations.

Subcontracted service providers are advised to include firm contractual clauses regarding the responsibilities of the main contractor, including delay penalties and dispute resolution mechanisms. Furthermore, they should understand their legal rights to promptly pursue either non-litigation or litigation remedies in the event of a breach, in order to ensure legal certainty and protection against incurred losses.