I Nyoman Putu Budiartha
Magister Kenotariatan, Fakultas Pascasarjana, Universitas Warmadewa, Denpasar, Indonesia

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Authenticity of the Cooperation Agreement Deed between PT Pertamina Patra Niaga and Fuel Distribution Agents Prasetyo Ramanda; I Nyoman Putu Budiartha; I Wayan Kartika Jaya Utama
Jurnal Smart Hukum (JSH) Vol. 5 No. 3 (2027): February-May
Publisher : Inovasi Pratama Internasional. Ltd

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55299/jsh.v5i3.2065

Abstract

The cooperation agreement deed between PT Pertamina Patra Niaga and Fuel Distribution Agents is a legal instrument that intersects the legal regimes governing contracts, notarial practice, and downstream oil and gas business activities. This study aims to analyze the legal force of deeds drafted as standard-form contracts and the legal protection available to the parties in the event of breach of contract. The study employs normative legal research using statutory, conceptual, and limited case approaches. Primary, secondary, and tertiary legal materials were collected through library research and analyzed descriptively, systematically, interpretively, and prescriptively. The findings demonstrate that the legal force of a deed is determined not only by compliance with the formal requirements of an authentic deed and the validity requirements of a contract, but also by the substantive quality of its clauses, the balance of rights and obligations, good faith, and conformity with downstream oil and gas regulations. Preventive protection is provided through verification of the parties’ authority, the formulation of clear and proportionate clauses, and the application of notarial prudence, whereas repressive protection may be pursued through specific performance, damages, termination, arbitration, or litigation. The novelty of this study lies in its proposed ideal deed construction, which integrates formal, substantive, and sectoral dimensions.