Implementasi Azas Pacta Sunt Servanda Dalam Penyelesaian Sengketa Keperdataan (Studi Kasus Perkara No. 248/PDT.G/2016/PN.BTM)

Haristian, Jordi (2022) Implementasi Azas Pacta Sunt Servanda Dalam Penyelesaian Sengketa Keperdataan (Studi Kasus Perkara No. 248/PDT.G/2016/PN.BTM). Other thesis, Universitas Islam Riau.

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Abstract

In essence, an agreement is made for the mutual benefit of the parties. Good faith at the time of starting the contract proves that the agreement was made at the will of the parties. The agreement entered into and agreed upon by the parties will be effective when the agreement is made, so that the parties have their respective obligations to fulfill the achievements. The main problem in this research is how is the implementation of the Pacta Sunt Servanda principle in the settlement of civil disputes (Case Study No. 248/Pdt.G/2016/PN.BTM). supporting and inhibiting factors in the Implementation of the Pacta Sunt Servanda Principle in Civil Dispute Resolution (Case Study No. 248/Pdt.G/2016/PN.BTM) The research that the author makes is included in the type of normative legal research with library research methods, namely a method that utilizes library data to process research materials by studying the Batam District Court Determination file in case number 248/PDT.G/2016/PN. BTM jo. No. 83/Pdt.G/2018/PT.PBR. The nature of the research is descriptive analytical, that is, it describes the legal theory that is the object of research. The results of this study indicate that the Implementation of the Pacta Sunt Servanda Principle in Civil Dispute Resolution (Case Study No. 248/Pdt.G/2016/PN.BTM) can be fulfilled because the main elements of the employment agreement have fulfilled all the legal elements of a work agreement in which if there are consequences in the agreement, it is only necessary to carry out the consequences that have been stated and agreed upon by the two parties previously. Supporting factors include PT. Linken Multi Karya and the company PT. The First Dry Dock World are two large companies and have experience in cooperation agreements and have a strong legal basis so that there is no indication of fraud from the work agreement made and the inhibiting factor of which is the result of the decision not being immediately accepted by both parties. parties so that the case then becomes an appeal to the city of Pekanbaru.

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