Maria Ulfah Hidayatulloh
Unknown Affiliation

Published : 1 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 1 Documents
Search

Cooperation Agreement Entered into by the Parties Regarding the Utilization of State-Owned Assets within the Indonesian Army (Case Study: Supreme Court of the Republic of Indonesia Decision Number 2600 K/Pdt/2018) Maria Ulfah Hidayatulloh; Ariawan Gunadi
Tarumanagara Law Review Vol. 4 No. I (2022): Talrev-Untar
Publisher : Faculty of Law Tarumanagara University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/talrev.v4iI.39240

Abstract

The agreement that has been made and agreed upon by the parties applies as law and is binding on the parties who made it. Agreement made must be strictly implemented. Otherwise, it will be categorized as an act of default which gives the injured party the right to claim compensation. However, in the implementation of the Cooperation Agreement for the Utilization of State Property in the TNI AD environment, there are violations of the law committed by the parties, because in carrying out an agreement it must be done in good faith. By using normative juridical research methods. This study found that: 1. The unilateral cancellation of the agreement, there was a violation of obligations carried out by Kodam Jaya as a party in the implementation of the agreement because it contained arbitrariness, or used its dominant position to take advantage of a weak position (adverse circumstances) at PT. CAA, then this is included in an act against the law, because the arbitrariness is outside of the implementation of the obligations stipulated in the agreement, so it is not a breach of contract, but rather violates its legal obligation to always have good intentions in the agreement. 2. The risk that occurs if an agreement made by both parties is canceled unilaterally, then the one who cancels unilaterally, Kodam Jaya must compensate for material losses suffered by the aggrieved party, namely PT. CAA Rp. 40.313.050.000,- (forty billion three hundred thirteen million fifty thousand rupiah).