CD Skripsi
Analisis Hukum Pelaksanaan Perjanjian Kerjasama Pelayanan Administrasi Operasional Jasa Pemanduan Kapal Antara Pd. Pelabuhan Dumai Bersemai (Bumd) Dengan Pt. Pelabuhan Tiga Bersaudara Yang Berakibat Wanprestasi
Agreement on cooperation made between PT. Dumai Bersemai Port (BUMD) with PT. Tiga Bersaudara Port has fulfilled the legal requirements of an agreement as stipulated in Article 1320 of the Civil Code. But over time, this agreement has become null and void, because the second party is PT. Dumai Bersemai Port canceled the agreement, and unilaterally decided the agreement, this happened because PT. Tiga Bersaudara Port on the implementation of the practice of cooperation agreements between PT. Dumai Bersemai Port is seeded with PT. Tiga Bersaudara Port did not side with PT. Dumai Bersemai Port as the second party in this agreement, and PT. Tiga Bersaudara Port has defaulted by not paying a profit sharing fund of 7.5% to PT. Dumai Bersemai Port. The purpose of this thesis, namely: first, to determine the factors that cause the default between PT. Dumai Bersemai Port (BUMD) with PT. Tiga Bersaudara Port, the second legal consequence of not implementing a cooperation agreement between PT. Dumai Bersemai Port (BUMD) with PT. Tiga Bersaudara Port.
This writing, if viewed from the type of research, is classified as sociological research and can also be said as a field research that is reviewing the applicable legal provisions and what happens in reality in the community or in other words a research conducted on actual facts or real conditions that occur in society. This research was carried out at the Port of Dumai City, while the population and samples were all parties related to the problems examined in this study, data sources used primary data and secondary data, techniques of collecting data in this study with interviews and literature studies.
From the results of the study, there are two main things that can be concluded. First, because PT. Tiga Bersaudara Port does not share a sharing fund of 7.5% of each revenue from ship scouting services carried out by PT. Tiga Bersaudara Port, so PT. Dumai Bersemai Port makes a unilateral termination of the agreement on the Administration of Ship Guiding Services Operations. Second, that there has been a unilateral termination of the contract by the Administrative Services Cooperation Agreement of Ship Guiding Services in the Special Terminal of PT. Sari Dumai Sejati, PT. Semen Padang and PT. Pacific Indopalm in Class 1 Dumai Compulsory Waters, the parties agreed to remind themselves of a special bond contained in an agreement. Suggestion of the writer, first need the legal force that can bind the agreement so that the parties in conducting the cooperation agreement can be guaranteed the implementation. Secondly, it is necessary to arrange clear contracts, especially regarding default, because previous defaults are not regulated in the cooperation agreements made by both parties.
Keywords: Agreement - Ship Guiding Services - PT. Dumai Bersemai Port (BUMD) - PT. Tiga Bersaudara Port - Default
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