Journal of Law, Poliitic and Humanities
Vol. 5 No. 4 (2025): (JLPH) Journal of Law, Politic and Humanities

The Legal Status of MoU as a Contract in BUMN Cooperation Agreements (Study of Denpasar Court Decision Number 419/PDT.G/2012/PN.DPS)

Tanaya, Velliana (Unknown)
Yap, Celine Alexia (Unknown)
Subiran, Danishel (Unknown)
Gunawan, Lauren Angel (Unknown)
Singgih, Marvino Nathanael (Unknown)
Nugraha, Dwi Putra (Unknown)



Article Info

Publish Date
11 May 2025

Abstract

Performance is an obligation where one or both parties have the responsibility to fulfill a condition that has been agreed upon in the agreement. However, if a performance is not performed or even violated, it can lead to default. In some instances, default might occur on the basis of a breach to a document that is generally considered non-binding, such as an MoU which turns out to be legally enforceable if it fulfills the elements of a valid agreement. In Denpasar Court Decision Number 419/PDT.G/2012/PN.DPS, the Defendant, a State-owned enterprise (BUMN), was proven to have committed a default. Therefore, there is a need to strengthen regulation and supervision to ensure the accountability of BUMN without hampering their operational independence. This paper uses a normative-empirical research method that examines the practical implementation of legal provisions and observes legal interactions that occur in society. Therefore, The Legal Status of MoU as a Contract in BUMN Cooperation Agreements (Study of Denpasar Court Decision Number 419/PDT.G/PN/DPS) is written

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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 ...