CD Tesis

Wanprestasi Kontrak Jasa Konsultansi Penyusunan Naskah Akademis Dan Ranperda Air Limbah Domestik Dalam Perjanjian Antara Dinas Pekerjaan Umum Dan Penataan Ruang Kota Pekanbaru Dengan Pt Pusat Diklat Nasional

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The contract that occurred between the Public Works and Spatial
Planning Office (PUPR) of Pekanbaru City and PT Pusat Pendidikan Nasional is
a consulting service contract for the preparation of academic manuscripts and the
regional regulation on domestic wastewater in Pekanbaru City in the form of a
contract in the form of a Work Agreement (SPK) worth Rp. 93,610,000. The
contract was signed by the Commitment Making Officer (PPK) of the Pekanbaru
City PUPR Office with the director of the PT Pusat Diklat Nasional. The
implementation of the consultancy service contract for the preparation of
academic manuscripts and the regional regulation on domestic waste water
between the Public Works Department of Pekanbaru City and PT Pusat Diklat
Nasional should follow the rules contained in Presidential Regulation Number 16
of 2018 concerning Government Procurement of Goods and Services. However, in
its implementation there have been deviations from these regulations because the
contract no there in the General Procurement Plan in the General Procurement
Plan System (SIRUP) and the contract that precedes the budget year where funds
are not yet available.
This study aims to determine how the contract implementation and
settlement of the default. This type of research is sociological in nature with
empirical studies between das sein and das solen. Judging from the Good Faith
Theory in contracting, the implementation of this contract is contrary to the Good
Faith principle of Article 1338 (3) BW, because the PPK has contracted when the
budget is not yet available for payment of achievements, so it includes doing
frod/tricks that hide a fact. If it is related to the principle of contractual balance,
the contract is considered unfair, because as a process, an ideal contract should
be able to accommodate the fair and equitable exchange of interests of the parties
at every phase or stage of the contract. This contract does not include a fine
clause in detail if the service user defaults. Meanwhile, the Pekanbaru City PUPR
Service has defaulted on the implementation of the contract and neglected its
obligations to the detriment of the PT Pusat Diklat Nasional. Conflict resolution
is carried out using the Yielding strategy, which is to give in and be willing to be
paid without compensation.
Key Words : Contract, Procurement of Goods/Services, Default

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Ketersediaan

Informasi Detail

Judul Seri

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No. Panggil

1810246566

Penerbit

Pekanbaru : Universitas Riau – Pascasarjana – Tesis Ilmu Hukum., 2022

Deskripsi Fisik

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Bahasa

Indonesia

ISBN/ISSN

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Klasifikasi

1810246566

Tipe Isi

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Tipe Media

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Tipe Pembawa

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Edisi

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Subjek

ILMU HUKUM

Info Detail Spesifik

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Pernyataan Tanggungjawab

FATAH

Versi lain/terkait

Lampiran Berkas

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