Journal of Law, Poliitic and Humanities
Vol. 5 No. 1 (2024): (JLPH) Journal of Law, Politic and Humanities

Settlement of Default in the Coal Procurement Agreement Between PT. Semen Padang with PT. International Periodical Using Letter of Credit (L/C)

Aldyans Rio Pratra (Unknown)
Elwi Danil (Unknown)
Azmi Fendri (Unknown)



Article Info

Publish Date
10 Nov 2024

Abstract

In the Coal Sale and Purchase Agreement Number 39/PJJ/PBR.12/01.2008 between PT Semen Padang and PT Berkala International, payment is made by Domestic Documented Letter of Credit or Letter of Credit.  For this reason, SKBDN Number MS 77106009548 was issued by PT Bank Mandiri in the amount of IDR 29,700,000,000.00,- to PT Berkala International. PT Berkala Internasional defaulted on not sending coal according to the agreed time. Using a case approach and normative juridical, primary data was obtained from PT. Semen Padang and secondary data are primary and secondary legal materials. To analyze the first problem, legal protection and contract theory are used, the second problem is dispute resolution theory. According to Article 1338 of the Civil Code, the consent made legally binding on the parties holding it, providing legal protection for PT Semen Padang to demand PT Berkala International, to do something, namely to deliver coal as stipulated in Article 1234 of the Civil Code. According to the contract theory, the agreement occurred after the party that received the offer, namely PT Berkala International, agreed to PT Semen Padang's offer to send coal. By filing a default lawsuit, the Padang District Court, the Padang High Court, and the Supreme Court, won PT Semen Padang.

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Journal Info

Abbrev

JLPH

Publisher

Subject

Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

Description

Journal of Law, Poliitic and Humanities is a research journal in Law, Humanities and Politics published since 2020 by the Dinasti Research. This journal aims to disseminate research results to academics, practitioners, students, and other parties who are interested in the fields of Law, Humanities ...