Kurniawan, Wahyu (2024) Analisis Yuridis Pembatalan Kerjasama Pola Kkpa Antara Koperasi Sawit Timur Jaya Dengan Pt. Agro Mitra Rokan {studi Kasus Putusan Nomor 34/pdt.g/2018/pn.prp). Masters thesis, Fakultas Hukum.

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Abstract

Partnership is a form of cooperation in business linkages, either directly or indirectly based on the principles of mutual need, trust, strengthening and mutual benefit. One example of a business partnerships is the collaboration in the oil palm plantation sector between PT Agro Mitra Rokan and Sawit Timur Jaya Cooperative pattern (Credit Cooperative for Primary Members) located in Kepenuhan Timur Village, Kepenuhan District, Rokan Hulu Regency through a partnership agreement for the establishment and management of an oil palm plantation. However, in practice not all rights and obligations arising from the agreement were fullfiled properly resulting in a default as stated in the decision of the Pasir Pengaraian District Court Number 34/Pdt.G.2018/PN.Prp. The main problem in this thesis is analyzing how the principle of agreement were applied in verdict number 34/Pdt.G.2018/PN.Prp regarding the cancellation of the partnership cooperation agreement betweent PT Agro Mitra Rokan and Sawit Timur Jaya Coperative and how is the analysis of the principle of agreement in verdict number 34/Pdt.G.2018/PN.Prp regarding the cancellation of the partnership cooperation agreement betweent PT Agro Mitra Rokan and Sawit Timur Jaya Coperative so that a fair agreement is realized according to the principle of the agreement. The research method used in this research is normative legal research with analytical descriptive nature. The main data in this research is secondary data which includes primary, secondary and tertiary legal materials. Data retrieval or ceollection procedures are carried out through literature studies. Data analysis used is qualitative analysis. The results showed that the application of the principles of agreement in verdict number 34/Pdt.G.2018/PN.Prp which states that the company is in default, there are principles of agreement that are appropriate and implemented as their portions namely the principles of consensialism, freedom of contract and binding force. Furthermore, 2 principles that are not implemented in the sense that the company is in breach of promise, namely the principles of good faith and the principles of personality, by committing acts of lack of clarity on plasma plantations, the occurrence of bad credit, plantations that are traded and the presence of third parties in the partnered land. Furthermore, the analysis of the principle of agreement in decision number 34/Pdt.G.2018/PN.Prp in order to realize a fair agreement is to build a plasma plantation according to its designation, not selling partnered farms and strengthening administration and readiness of land ownership status and related matters.

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