TINJAUAN PENGENAAN DENDA DALAM PELAKSANAAN KONTRAK PENGADAAN PIPE SLEEVE DAN POWER POLE SLEEVE ANTARA PT. ASTAJAYA NIRWIGHNATA DAN PT. CHEVRON PACIFIC INDONESIA
Abstract
The Covid-19 pandemic has greatly affected the implementation of the
agreement. The existence of government provisions related to Large-Scale Social
Restrictions (“PSBB”) has made it difficult for the parties to carry out their
obligations in accordance with the provisions of the agreement. During the PSBB
period, there has been a reduction in company operating hours, a reduction in the
number of workers allowed to work at the same time and restrictions on truck
travel for the transportation of goods. Based on these conditions, PT. Astajaya
Nirwighnata was unable to fulfill his obligations in completing the production of
goods according to the originally agreed time prior to the Covid-19 pandemic,
resulting in a default in the form of carrying out what was promised, but not as
promised, namely a delay.
This research was conducted directly at the place of the company that
carried out the agreement in order to get a complete and clear picture and
information about the problem under study. The research was conducted at the
marketing office of PT. Astajaya Nirwighnata who is in Pekanbaru as the
executor of the agreement, while the population and sample are the parties
related to the problem being studied and the data collection techniques in this
study are by conducting observations, interviews and literature studies.
Based on the results of the study, it was concluded that the implementation
of the agreement during the Covid-19 pandemic was included in a state of
coercion so that no party could be blamed in accordance with Article 1245 of the
Civil Code. Therefore, the delay in the delivery of goods by PT. Astajaya
Nirwighnata was not subject to a fine because the delay was not an intentional
negligence. There needs to be a clause regarding coercive circumstances in the
agreement so that there is no conflict. Justice and good faith are also needed in
carrying out the agreement so as not to cause harm to the other party.
Keywords: Agreement, Default, Forced Circumstances, Good Faith and Justice
agreement. The existence of government provisions related to Large-Scale Social
Restrictions (“PSBB”) has made it difficult for the parties to carry out their
obligations in accordance with the provisions of the agreement. During the PSBB
period, there has been a reduction in company operating hours, a reduction in the
number of workers allowed to work at the same time and restrictions on truck
travel for the transportation of goods. Based on these conditions, PT. Astajaya
Nirwighnata was unable to fulfill his obligations in completing the production of
goods according to the originally agreed time prior to the Covid-19 pandemic,
resulting in a default in the form of carrying out what was promised, but not as
promised, namely a delay.
This research was conducted directly at the place of the company that
carried out the agreement in order to get a complete and clear picture and
information about the problem under study. The research was conducted at the
marketing office of PT. Astajaya Nirwighnata who is in Pekanbaru as the
executor of the agreement, while the population and sample are the parties
related to the problem being studied and the data collection techniques in this
study are by conducting observations, interviews and literature studies.
Based on the results of the study, it was concluded that the implementation
of the agreement during the Covid-19 pandemic was included in a state of
coercion so that no party could be blamed in accordance with Article 1245 of the
Civil Code. Therefore, the delay in the delivery of goods by PT. Astajaya
Nirwighnata was not subject to a fine because the delay was not an intentional
negligence. There needs to be a clause regarding coercive circumstances in the
agreement so that there is no conflict. Justice and good faith are also needed in
carrying out the agreement so as not to cause harm to the other party.
Keywords: Agreement, Default, Forced Circumstances, Good Faith and Justice
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