APPLICATION OF BASIC PACTA SUNT SERVANDA IN COOPERATION AGREEMENT BETWEEN PT SURYA CIPTA SWADAYA AND PT LAMPIRI DJAYA ABADI

Awang Long Law Review

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Title APPLICATION OF BASIC PACTA SUNT SERVANDA IN COOPERATION AGREEMENT BETWEEN PT SURYA CIPTA SWADAYA AND PT LAMPIRI DJAYA ABADI
 
Creator Swandaru, Danang
 
Subject Pacta Sunt Servanda
Cooperation Agreement
Cooperation
 
Description The principle of pacta sunt servanda is also called the principle of legal certainty. This principle relates to covenant consequences. The principle of pacta sunt servanda underlines that the judge or third party must respect the substance of the contract made by the parties, as befits a law. The problem in this research is how is the application of the pacta sunt servanda principle in the cooperation agreement between PT Surya Cipta Swadaya and PT Lampiri Djaya Abadi? The research method used is normative juridical using secondary data and analyzed using qualitative methods. The results show that the application of the pacta sunt servanda principle in the cooperation agreement between PT Surya Cipta Swadaya and PT Lampiri Djaya Abadi did not occur. This is due to the absence of fine sanctions given to PT Lampiri Djaya Abadi for default, even though PT Lampiri Djaya Abadi has been proven to have defaulted. Apart from that, the failure to realize the pacta sunt servanda is due to the agreement Number 016 / SCS-EDM / SPP / XI / 2019 concerning repair work / overlay of Surya Utama (Segment 3) Phase I and Surya Utama (Segment 4) Phase II roads between PT. Lampiri Djaya Abadi with PT Surya Cipta Swadaya was made in an underhand agreement, so that no party controls or explains the contents of article by article in the cooperation agreement.
 
Publisher Awang Long School of Law
 
Date 2021-05-06
 
Type info:eu-repo/semantics/article
info:eu-repo/semantics/publishedVersion
Peer-reviewed Article
 
Format application/pdf
 
Identifier http://ejournal.stih-awanglong.ac.id/index.php/awl/article/view/135
 
Source Awang Long Law Review; Vol 3 No 2 (2021): Awang Long Law Review; 134-142
2654-5462
2655-7355
 
Language eng
 
Relation http://ejournal.stih-awanglong.ac.id/index.php/awl/article/view/135/108
 
Rights Copyright (c) 2021 Awang Long School of Law
https://creativecommons.org/licenses/by-sa/4.0
 

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