Pelaksanaan Perjanjian Tentang Bagi Hasil Koperasi Kelayang Jaya Dengan PT. Sinar Reksa Kencana Ditinjau Berdasarkan Asas Kepastian Hukum

Yulidas, Yulidas (2019) Pelaksanaan Perjanjian Tentang Bagi Hasil Koperasi Kelayang Jaya Dengan PT. Sinar Reksa Kencana Ditinjau Berdasarkan Asas Kepastian Hukum. Masters thesis, Universitas Islam Riau.

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Abstract

Generally an agreement is an agreement with which one or more people commit themselves to one or more other people. Talking about the law of the agreement is inseparable from the legal certainty that must guarantee justice and the law must be useful for the whole community, because with the agreement it will give birth to legal consequences such as a case study that the author did regarding the cooperation agreement on an oil palm plantation development project between PT. Sinar Reksa Kencana and Koperasi Kelayang Jaya with a profit sharing system or often called a Partnership Pattern that is not in accordance with what has been promised. The purpose of this Thesis, namely: First, find out the implementation of the Kelayang Jaya Cooperative profit sharing agreement with PT. Sinar Reksa Kencana is reviewed based on the principle of legal certainty, Second, the obstacles that arise in the implementation of the production sharing agreement Kelayang Jaya Cooperative with PT. Sinar Reksa Kencana, Third, efforts that can be made by the Kelayang Jaya Cooperative Against PT. Sinar Reksa Kencana related to revenue sharing that is not appropriate. This type of research used in this study is Observational Research or empirical sociological law research. Because in this study the writer goes down to the location or place of research. This research was conducted at PT. Sinar Reksa Kencana and Kelayang Jaya Cooperative, Indragiri Hulu Regency, while Population and Sample are all parties related to this problem, the data sources used are primary data, secondary data and tertiary data, data collection techniques used in this study are observation, interviews and literature study. From the results of the study there are three things that can be concluded. First, the cooperation agreement that was applied at PT. Sinar Reksa Kencana and Koperasi Kelayang Jaya are legally valid and do not conflict with applicable laws and regulations, but in terms of fulfillment of rights and obligations, especially regarding profit sharing where the Kelayang Jaya Cooperative feels disadvantaged over profit sharing that is not in accordance with what has been promised. In Article 2 which regulates the pattern of cooperation and in the third point the profit sharing is clearly stated that the First Party in this case the Kelayang Jaya Cooperative is entitled to receive a profit of 35%, but in fact the Kelayang Jaya Cooperative often receive a profit of 35%, this is clearly contrary to what has been promised. Second, the obstacles that arise in the implementation of production sharing agreements between the Kelayang Jaya Cooperative with PT. Sinar Reksa Kencana, such as the rights of the Kelayang Jaya Cooperative, were not granted in accordance with what was promised, the lack of good faith on the part of the company, the lack of awareness and understanding of the public about the importance ofan agreement and so on. Third, efforts that can be made by the Kelayang Jaya Cooperative related to revenue sharing that is not in accordance with what has been agreed is through a deliberation to reach consensus, but apparently these efforts did not reach an agreement, then it can be resolved through the Court in this case in accordance with the District Court selected by the parties in the agreement.

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