Tinjauan Yuridis Terhadap Addendum Perjanjian Akibat Force Majeure

Yuswitasari, Suci (2021) Tinjauan Yuridis Terhadap Addendum Perjanjian Akibat Force Majeure. Other thesis, Universitas Islam Riau.

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Abstract

Addendum of Cooperation conducted by PT. Makmur Papan Permata is based on the policy of the Pekanbaru City Government (discretion) in certain circumstances for the benefit and interests of the Public towards the Rejuvenation Development of the Central Market of Sukaramai based on Law No. 30 of 2014 concerning Government Administration and Government Regulations concerning Management of Regional Property. In this Addendum there are 9 (nine) Articles which are added from the old agreement, in which the old agreement was the first agreement made between PT. Makmur Papan Permata with the Government of Pekanbaru City before the Force Majeure (fire). In this collaboration, there was no default in the agreement, but there was a Focer Majeure which was caused by a fire. So what is meant by Force Majeure is one of the conditions that are beyond one's control in a forceful state (large Indonesian dictionary). The formulation of the problem in this study are 1. How is the implementation of the Agreement Addendum with the Force Majeure between PT. Makmur Papan with the Government of Pekanbaru City? and 2. What is the legal effect on the Addendum to the Agreement with the Force Majeure between PT. Makmur Papan with the Government of Pekanbaru City? This type of research is observational research (observation research), namely by direct field survey, with data collection tools, namely interviews. In this study, conclusions are drawn using the inductive method, which is to conclude from specific matters to general matters. Based on the results of the research and discussion of the authors that the implementation of the Addendum in the cooperation agreement between PT. Makmur Papan Permata with the Government of Pekanbaru City, from the results of the interview obtained information that the parties have tied themselves to what has been promised, namely the Pekanbaru City Government Providing Building Use Rights certificates for a period of 25 years on land for the Sukaramai Central Market building on behalf of PT . Makmur Papan Permata, then development as well as royalty and profit sharing carried out by PT. Makmur Gem Board. As a result of Force Mejeure occurred on Wednesday, December 8, 2015, which hit building A at the Plaza Sukaramai area, with the Sukaramai Plaza fire accident, it burned 1,400 units of shops and kiosks and caunters and other public facilities, so that PT. Makmur Papan Permata has suffered significant losses, and resulted in the company no longer running as usual.

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