CD Tesis
Hak Dan Kewajiban Para Pihak Dalam Perjanjian Jual Beli Tenaga Listrik (SPJBTL) Antara PT PLN (Persero) Dengan Pelanggan Berdasarkan Asas Itikad Baik
Article 1 number 1 of Law Number 30 Year 2009 concerning Electricity can be said that, electricity is everything related to the supply and use of electricity as well as electricity supporting businesses. Electric Power has a very important and strategic role in realizing national development goals, so the business of supplying electricity needs to be continuously increased in line with the development development so that there is sufficient, equitable and quality electricity. Electricity supply business is the supply of electricity including the generation, transmission and sale of electricity. In the sale of electricity there is a power purchase transaction between the customer and PT. PLN (Persero). Based on Article 1457 of the Civil Code, buying and selling is an agreement with which one party binds himself to surrender ownership rights to an item and the other party to pay the price promised. Therefore in its implementation it is necessary to hold an agreement between the customer and PT. PLN (Persero), called the "Electricity Purchase Agreement (SPJBTL)". This study discusses the rights and obligations of the parties in the Electricity Sale and Purchase Agreement (SPJBTL) between PT PLN (Persero) Tanjungpinang Customer Service Implementing Unit with Customers and the Electricity Sale and Purchase Agreement (SPJBTL) between PT PLN (Persero) Customer Service Implementation Unit Tanjungpinang with customers when viewed from the principle of good faith.
The research method is normative legal research, also called doctrinal law research. In this normative legal research, the author is interested in conducting research using the principle of law. This research discusses the legal principle I use because it relates to the legal principle of good faith (Good Faith) regarding the rights and obligations of the parties in the Power Purchase Agreement (SPJBTL) between PT PLN (Persero) Tanjungpinang Customer Service Implementation Unit with Customers and regarding efforts to resolve disputes that occur between PT PLN (Persero) Tanjungpinang Customer Service Implementation Unit and Customers. The author uses the method of literature study in which the researcher analyzes based on books, laws and regulations and other literatures related to the problem under study. Data analysis was carried out qualitatively, that is, the data obtained were not using statistics or mathematics or the like.
The conclusion of this research is that the parties must fulfill their rights and obligations as customers and do not violate the use of electricity, including: not arrears or not paying electricity bill, not stealing electricity, not delivering electricity to other parties, using electricity in accordance with the designation in the SPJBTL and does not change or damage the electrical equipment and does not do other actions that harm PT. PLN (Persero). However, the rights and obligations of the parties in the Power Purchase Agreement (SPJBTL) between PT PLN (Persero) Tanjungpinang Customer Service Implementation Unit are not clearly and clearly regulated. So if there is a default done by the parties, the injured party does not get compensation as they should. So as to avoid the occurrence of default that can be detrimental to the parties, the power purchase agreement (SPJBTL) between PT. PLN (Persero) with consumers must be based on good faith. In the future, in making a power purchase agreement, the PLN must review the clause in the SPJBTL, because some articles in the SPJBTL still contain clauses that violate consumer rights. So that the State's goal of achieving prosperity and prosperity of the people in electrical energy in Indonesia and PLN's mission of customer satisfaction can be achieved. For consumers in the future must be more responsible in fulfilling their obligations, so that rights can also be obtained properly. So that no party is harmed.
Keywords: Rights and Obligations - SPJBTL – PLN - Customer.
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