Analisis Yuridis Terhadap Pembatalan Perjanjian Pengangkutan Sampah Antara PT Multi Inti Guna Dengan Dinas Kebersihan dan Pertamanan Kota Pekanbaru Dalam Perkara No. 252 PDT./2016/PN.PBR

Pangestu, Yogi Aditya (2019) Analisis Yuridis Terhadap Pembatalan Perjanjian Pengangkutan Sampah Antara PT Multi Inti Guna Dengan Dinas Kebersihan dan Pertamanan Kota Pekanbaru Dalam Perkara No. 252 PDT./2016/PN.PBR. Other thesis, Universitas Islam Riau.

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Abstract

Agreement between the two parties, because after all the agreement is valid and binding between the two parties both their rights and obligations as a law for the parties (the Sunservanda Pact). However, along with the cancellation made by the City of Sanitation and Landscaping Office of Pekanbaru as the First party in this agreement, because it was clearly detrimental to the Keduayaitu PT Multi Inti Guna. Seeing the existence of one-sided cancellation, the authors state that the cancellation of the agreement is unclear and violates the law, even though the agreement made by both parties is in accordance with the laws and applicable legal provisions. In the research that the author did, set the issue regarding the Cancellation of the Waste Transport Agreement between PT. Multi Inti Guna with the City of Pekanbaru Sanitation and Landscaping Service According to the Civil Code and Legal Settlement Against the Cancellation of Waste Transport Agreement between PT. Multi Inti to Use the Sanitation and Parks Service of Pekanbaru City in Case No. 252 Pdt./2016/PN.PBR. This writing when viewed from the type of research classified as normative legal research that is research to examine and explore and find answers about what should be of each problem studied consisting of 3 (three) primary, secondary and tertiary legal materials. Meanwhile, if seen from its nature, this research is descriptive about the Cancellation of the Garbage Transport Agreement between PT. Multi Inti to Use the Sanitation and Parks Service of Pekanbaru City in Case No. 252 Pdt./2016/PN.PBR.Cancellation of Waste Transport Agreement between PT. Multi Inti For the City of Sanitation and Landscaping Office in Pekanbaru according to the Civil Code cannot be canceled unilaterally, because the cancellation conditions of an agreement are regulated in article 1266 of the Civil Code which states that the conditions for an agreement to be canceled by one party is that the agreement must be reciprocal, there is a default, and cancellation must be asked to the judge. If the cancellation that is done does not meet these requirements, then it can be said that the act of cancellation violates Article 1266 of the Civil Code. In addition, if the cancellation of the agreement contains arbitrariness, or uses its dominant position to take advantage of a weak position on the opposing party, then that is included in the act against the law because it has used a weak position or a disadvantage to the opposing party. While the legal settlement of the cancellation of the waste transportation agreement between PT. Multi Inti to Use the Sanitation and Parks Service of Pekanbaru City in Case No. 252 Pdt./2016/PN.PBR that the Plaintiff filed a lawsuit to the Court related to the unilateral cancellation by the Defendant because it was deemed to have defaulted on the fulfillment of the achievement of carrying 610 tonnes of garbage transported per day. Because it is through the Court that has the right and proves that something can be canceled and not unilaterally by the Pekanbaru City Sanitation and Parks Agency

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