Putra, Ghayana Aditya
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DISRUPTION EVENTS SEBAGAI PERISTIWA YANG TAK TERDUGA DALAM PELAKSANAAN KEWAJIBAN KONTRAKTUAL Sugiastuti, Natasya Yunita; Hertanto, Ari Wahyudi; Setiawati, Anda; Wijaya, Agung; Putra, Ghayana Aditya
Jurnal Hukum & Pembangunan
Publisher : UI Scholars Hub

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Abstract

An agreement creates an obligation, which is a legal relationship between the parties. If one party fails to fulfill its duties to the other party as promised, it is considered a breach of contract by one party against the other. One of the external factors that disrupt contract execution is a disruption event. In contrast to the concepts of force majeure and hardship, which have been acknowledged in Indonesian law, the argument of disruption events has not been recognized, even in the context of legal literature. However, in certain contracts with extended durations, the concept of disruption event has been incorporated into the creation of an accidental provision. This accidental provision is intended to address unforeseen events that may impair the contract's implementation. Given the importance of regulating disruption events in the agreement clause to anticipate the legal consequences that arise if an event occurs that disrupts the implementation of the contract, this research raises two issues: 1) What is the nature or essence of a disruption event? and 2) How is the formulation of an anticipatory disruption event clause in the contract? As a result of the research, it can be concluded that a disruption event is an unpredictable event that significantly impacts the industry and business. 2) A disruption event clause must at least contain information about the following: the definition of a disruption event, the scope or limits of a disruption event, the obligation to notify the affected party of a disruption event, the legal effects of a disruption event on contractual obligations and on the relationship between contractors, and the possibility of negotiation.
ANALISIS YURIDIS PELAKSANAAN TJSL PERSEROAN DALAM BENTUK PEMBERDAYAAN MASYARAKAT DI BIDANG SOSIAL DAN LINGKUNGAN (STUDI PADA P.T KPC): Juridical Analysis Of The Implementation Of Corporate Social Responsibility (CSR) In The Form Of Community Empowerment. (Study at PT KPC) Putra, Ghayana Aditya; Yunari, Sri Bakti
AMICUS CURIAE Vol. 2 No. 1 (2025): Amicus Curiae
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/r1ta9h63

Abstract

Corporate Social and Environmental Responsibility (TJSL) is an obligation that must be carried out by companies by paying attention to decency and fairness as stated in Law Number 40 of 2007 concerning Limited Liability Companies (UUPT) and PP No. 47 of 2012 concerning Social and Environmental Responsibility of Limited Liability Companies (PP TJSL-PT). This obligation also applies to PT Kaltim Prima Coal (PT KPC), which in its implementation takes the form of a community empowerment program in the social and environmental fields. Based on this, how is PT KPC's TJSL program funding compatible with East Kalimantan Regional Regulation Number 3 of 2013, and secondly regarding the integral part of the company's obligations in order to contribute to sustainable economic development and improving quality in the social and/or environmental fields. By using a normative legal research type, which is descriptive in nature using secondary data which is supported by primary data and then analyzed qualitatively to reach deductive conclusions. Based on the results of the analysis of the implementation of the Company's TJSL by PT KPC, there is a discrepancy in implementation based on East Kalimantan Regional Regulation Number 3 of 2013 and the forms of programs implemented are anĀ integral part of the company's obligations to contribute to sustainable economic development and improving the quality of life in the social and environmental fields.