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All Journal Bacarita Law Journal LUTUR Law Journal
M Syahrul Borman
Faculty of Law, Universitas Dr. Soetomo, Surabaya, Indonesia.
Law, Crime, Criminology & Criminal Justice

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Preventive and Repressive Legal Protection in Cross-Sectoral Business Contracts in Production Forest Areas Muhammad Fauzi Achmad Bahtar; M Syahrul Borman
Bacarita Law Journal Vol 6 No 2 (2026): April (2026) BACARITA Law Journal
Publisher : Programs Study Outside the Main Campus in Law Pattimura University ARU Islands Regency

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30598/bacarita.v6i2.24558

Abstract

The practice of cross-sectoral business contracts in Indonesia, especially in production forest areas, still often faces the problem of unbalanced bargaining positions of the parties, weaknesses in the formulation of contract clauses, and the lack of optimal protection of legal rights and obligations. This condition can be seen in the cooperation agreement between forestry companies holding Timber Forest Products Utilization Business Permits (IUPHHK) and mining companies that utilize production forest areas for the construction and use of transportation roads. Without a comprehensive and fair contract design, differences in sectoral interests and high environmental risks and long-term investment have the potential to lead to legal disputes. This study aims to analyze the form of preventive and repressive legal protection in cross-sectoral business contracts in production forest areas, formulate crucial contractual clauses, and assess the effectiveness of alternative dispute resolution in providing legal certainty for the parties. The research method used is normative legal research with a statutory and conceptual approach through the study of legal norms, treaty principles, and relevant legal doctrines. The results of the study show that preventive and repressive legal protection has not been fully accommodated optimally in cooperation agreements. Improving contracts through cost-sharing arrangements, tariff adjustments, environmental protection responsibilities, force majeure clauses, default sanctions, and alternative dispute resolution mechanisms that are clear and effective are needed to strengthen legal certainty and prevent and resolve disputes in a fair manner.
The Validity of the Exoneration Clause in Ship Repair Contracts: Legal Protection for Shipyard Service Users Muhammad Ridwan; Sri Astutik; M Syahrul Borman
LUTUR Law Journal Volume 7 Issue 1 May (2026): LUTUR Law Journal
Publisher : Program Studi Hukum Diluar Kampus Utama Universitas Pattimura Kabupaten Maluku Barat Daya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30598/lutur.v7i1.24559

Abstract

The practice of ship repair contracts in shipyards often contains exoneration clauses that limit or even remove the service provider's liability for certain damages. This condition has the potential to cause an imbalance in the legal position between the shipyard and the service user, especially when the clause is drafted unilaterally. This study aims to analyze the validity of the exoneration clause in the ship repair contract and assess the extent to which the clause provides legal protection for shipyard service users reviewed from the principle of balance and freedom of contract. The research method used is normative legal research with a statutory and conceptual approach, through the study of the provisions of the Civil Code, regulations related to shipping services, and contract law doctrine. The results of the study show that the exoneration clause is allowed in principle as long as it does not conflict with law, decency, and public order. However, clauses that eliminate absolute liability tend to violate the principle of balance and have the potential to harm service users. Therefore, it is necessary to formulate proportional clauses so that ship repair contracts continue to provide fair legal protection for the parties.
Co-Authors Muhammad Fauzi Achmad Bahtar Muhammad Ridwan Sri Astutik