CD Skripsi
Tinjauan Pengenaan Denda Dalam Pelaksanaan Kontrak Pengadaan Pipe Sleeve Dan Power Pole Sleeve Antara Pt. Astajaya Nirwighnata Dan Pt. Chevron Pacific Indonesia
ABSTRACT
The Covid-19 pandemic has greatly affected the implementation of the agreement. The existence of government provisions related to Large-Scale Social Restrictions (“PSBB”) has made it difficult for the parties to carry out their obligations in accordance with the provisions of the agreement. During the PSBB period, there has been a reduction in company operating hours, a reduction in the number of workers allowed to work at the same time and restrictions on truck travel for the transportation of goods. Based on these conditions, PT. Astajaya Nirwighnata was unable to fulfill his obligations in completing the production of goods according to the originally agreed time prior to the Covid-19 pandemic, resulting in a default in the form of carrying out what was promised, but not as promised, namely a delay.
This research was conducted directly at the place of the company that carried out the agreement to get a complete and clear picture and information about the problem under study. The research was conducted at the marketing office of PT. Astajaya Nirwighnata who is in Pekanbaru as the executor of the agreement, while the population and sample are the parties related to the problem being studied and the data collection techniques in this study are by conducting observations, interviews, and literature studies.
Based on the results of the study, it was concluded that the implementation of the agreement during the Covid-19 pandemic was included in a state of coercion so that no party could be blamed in accordance with Article 1245 of the Civil Code. Therefore, the delay in the delivery of goods by PT. Astajaya Nirwighnata was not subject to a fine because the delay was not an intentional negligence. There needs to be a clause regarding coercive circumstances in the agreement so that there is no conflict. Justice and good faith are also needed in carrying out the agreement so as not to cause harm to the other party.
Keywords: Agreement, Default, Force Majeur and Good Intention
Tidak tersedia versi lain