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All Journal Jurnal Cita Hukum Jurisprudensi: Jurnal Ilmu Syariah, Perundang-undangan, Ekonomi Islam
Iswari, Benny
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Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Pactum De Compromittendo In Shares Purchase Agreement Iswari, Benny; Ansari , Teuku Syahrul; Victor, Indra Yudha Victor; Hadipura, Margo Hadipura
Jurisprudensi: Jurnal Ilmu Syariah, Perundang-Undangan dan Ekonomi Islam Vol 15 No 2 (2023): Jurisprudensi: Jurnal Ilmu Syariah, Perundang-Undangan Dan Ekonomi Islam
Publisher : State of Islamic Institute Langsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/jurisprudensi.v15i2.6462

Abstract

The parties, namely the Seller and the Buyer have agreed to determine the arbitration clause in the form of a pactum de compromittendo made in writing and incorporated into the deed of the principal agreement for the sale and purchase of shares of PT. Indonesian Rice Granary. This means that since the beginning before the occurrence of a dispute, the choice of settlement has been determined through the Indonesian National Arbitration Board. In 2021, the Seller files a lawsuit against the Buyer as the Defendant through the general court to request that the said share sale and purchase agreement be declared null and void and has no binding force. In their decision, the Panel of Judges stated that in essence the Central Jakarta District Court had no authority to try this case. Regarding the legal considerations, the assembly based the rules in Article 118 HIR and Article 3 of Law no. 30 of 1999 concerning Arbitration and Alternative Dispute Resolution. This study uses a normative juridical approach with the results of the research showing that the enforceability of an arbitration clause in the form of a pactum de compromittendo is binding on the parties according to the pacta sunt servanda principle contained in Article 1338 Paragraph (1) of the Civil Code and the judge's decision as in its considerations is correct and has been according to law.
Legal Concept of Oil Palm Plantation Supply Chain Partnership as an Effort to Increase Competitiveness for Business Actors Astawa, I Ketut; Setiady, Tri; Iswari, Benny; Azizah, Faiqah Nur
Jurnal Cita Hukum Vol. 13 No. 2 (2025): Summer Edition
Publisher : Fakultas Syariah dan Hukum, UIN Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jch.v13i2.44629

Abstract

The study of the concept of partnership legal relationship patterns in the palm oil industry business world aims to explore the idea of partnership relationship patterns between farmers, processors, and suppliers in the oil palm plantation supply chain, as well as the role of each party in improving operational efficiency, sustainability, and competitiveness for business actors. Partnership legal relationship pattern theory emphasizes the importance of synergy and collaboration between various actors in the supply chain to achieve common goals. The purpose of this study is to examine the pattern of legal relationships in supply chain partnerships between the private sector and oil palm planters to enhance the competitiveness of business actors. Qualitative research methods with normative research types, descriptively analyzed to examine and explain the research objects to be researched through legal and conceptual approaches, with literature study data collection techniques to identify effective partnership models, such as partnerships between farmers and processing plants, which are based on agreements or contracts, as well as vertical partnerships that integrate various stages in the supply chain. Qualitative research methods with normative research types, descriptively analyzed to examine and explain the research objects to be researched through legal and conceptual approaches, with literature study data collection techniques to identify effective partnership models, such as partnerships between farmers and processing plants, which are based on agreements or contracts, as well as vertical partnerships that integrate various stages in the supply chain. The results of the study show that a good partnership can facilitate technology transfer, improve cultivation practices and strengthen the bargaining position of business actors and in general, the application of the concept of legal relationship patterns of oil palm plantation supply chain partnerships between private parties and private parties, oil palm planters in realizing the competitiveness of effective business actors in the supply chain can be a key strategy to increase the competitiveness of business actors and ensure Sustainability of the palm oil industry.
Co-Authors Ansari , Teuku Syahrul Astawa, I Ketut Azizah, Faiqah Nur Hadipura, Margo Hadipura Tri Setiady, Tri Victor, Indra Yudha Victor