CD Skripsi
Pelaksanaan Kontrak Kerjasama Antara PT. Edco Persada Energi Dengan PT. Sinar Reksa Kencana Tentang Jasa Pemanfaatan Lahan Bersama Berdasarkan Asas Itikad Baik
Contracts are born out of differences or unequal interests between parties. In general, business contracts bring together those differences in interests. The conflicting interests between landowners and renters can create issues. According to Article 1548 of the Civil Code, “leasing is an agreement where one party agrees to give another party the use of an item for a specified period of time in exchange for a payment that the latter party is willing to make. In simpler terms, leasing refers to renting or leasing an item for a set period of time and a pre-determined payment.” PT. Edco Persada Energi is a mining contractor in the coal sector. PT. Sinar Reksa Kencana is a company that provides land for oil palm plantations to the government and private sector. Joint Land Utilization Services Cooperation Contract No. 055/EPE-SRK/XI/2021 and No. 001 /SRK-EPE/XI/2021. The problem discussed is the Cooperation Contract Implementation Between PT. Edco Persada Energy and PT. Sinar Mutual Kencana for Joint Land Utilization Services Based on Good Faith Principle.
The research method used is sociological, involving an assessment of the effectiveness of current laws. The author of this research paper examines the efficacy of law enforcement in society. This research was conducted at the company PT. Edco Persada Energy and PT. Sinar Mutual Kencana in Riau. The population and sample in this research are managers from each company. The data used is primary data and secondary data. Data is collected through interviews and literature review, and then qualitatively analyzed to draw conclusions. Based on the research results obtained, the principle of good faith has not yet been implemented in implementing cooperation agreements for joint land use services.
In order to re-implement the principle of good faith, it is necessary to hold deliberative meetings and discuss outstanding issues. At the time of contract implementation PT. Sinar Reksa Kencana brings third parties into the work area that has been leased to PT. Edco Persada Energi, this is very contrary to the mutually agreed contract contained in Article 3 Paragraph 2 letter b which reads "the obligation of the second party is to provide HGU land belonging to the second party to the first party and guarantee that the land being leased will have no legal problems and will not rent it out to other parties.” Because there are parties who default, causing losses to other parties. In order for an agreement to be implemented in good faith, it is necessary to review the efforts made by the parties by paying attention to the fulfillment of their respective rights and obligations so that the purpose of the agreement can be achieved.
Keywords: Principle of Good Faith – Cooperation Contract for Join Land Utilization Service - Default
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