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All Journal Private Law International Journal of Integrated Science and Technology
Septina Indi Huwaida
Unknown Affiliation
Humanities Computer Science & IT Decision Sciences, Operations Research & Management Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences

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Akibat Hukum Terhadap Wanprestasi Dalam Perjanjian Pemeliharaan Burung Walet Di Labuhan Lombok : Studi Kasus Putusan Pengadilan Negeri Selong Nomor 134/Pdt.G/2020 PN Selong Septina Indi Huwaida; Salim HS
Private Law Vol. 2 No. 2 (2022): Private Law Universitas Mataram
Publisher : Fakultas Hukum Universitas Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (407.45 KB) | DOI: 10.29303/prlw.v2i2.1120

Abstract

This study aims to determine the process of resolving cases on breach of contract of Swallow Bird preservation agreements based on the decision of the Selong District Court Number 134/PDT.G/2020 and the legal consequences arose from breaching the contract of of Swallow Bird agreement in Selong District Court Decision Number 134/PDT.G/2020. The type of research used on this study is normative law research, with the combination of statutory approach, conceptual approach, and analytical approach application method. The process of resolving cases in cases of breach of contract for Swallow Bird preservation is through the courts. The legal consequences that arise in the breach of contract of the Swallow Bird preservation agreement are the compensation given by the defendant to the plaintiff and the judge grants some of the claims filed by the plaintiff as the party experiencing default.
Juridical Analysis of Build Operate Transfer Agreements at the Mataram Mall Building Septina Indi Huwaida; Zainal Asikin; Eduardus Bayo Sili
International Journal of Integrated Science and Technology Vol. 2 No. 8 (2024): August 2024
Publisher : MultiTech Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59890/ijist.v2i8.2455

Abstract

The purpose of this research is to identify and analyze the regulation of Build Operate Transfer (BOT) agreements in positive law in Indonesia and the legal issues in the BOT agreement between the Mataram City Government and PT Pacifik Cilinaya Fantacy. The research method used is normative legal research with a legislative approach and a conceptual approach. The types of data used include secondary and primary data. Secondary data consists of literature sourced from primary, secondary, and tertiary legal materials. The regulation of Build Operate Transfer is essentially the same as general contract regulations, which are governed by the third book of the Civil Code regarding obligations. Additionally, Build Operate Transfer is also regulated by several other regulations, including: Government Regulation No. 27 of 2014, Presidential Regulation No. 13 of 2010, Minister of Finance Regulation No. 78/PMK.06/2014, and Minister of Finance Regulation No. 02/PMK.06/2008 concerning the Appraisal of State-Owned Assets. The legal issue in this Build Operate Transfer agreement is that PT Pacifik Cilinaya Fantacy failed to comply with and PT Pacifik Cilinaya Fantacy regarding the management of the APHM Cilinaya Area. PT Pacifik Cilinaya Fantacy did not fulfill its obligation to pay royalties to the Mataram City Government from 2016 to 2019.
Co-Authors Eduardus Bayo Sili HS, Salim Zainal Asikin