Analisis Yuridis Kontrak Keagenan Minyak Tanah Di PT. PERTAMINA Provinsi Aceh
| Main Author: | Syaputra, Novana Octa |
|---|---|
| Other Authors: | Yamin, Muhammad, Devi A, T. Keizerina, Gani, Syafnil |
| Format: | Masters |
| Bahasa: | ind |
| Subjects: | |
| Online Access: |
http://repository.usu.ac.id/handle/123456789/24945 |
Daftar Isi:
- Act 22, 2001, Article 3, Character b about oil and natural gas is used to guarantee the effective implementation and control of the operation in processing the transportation, storage, and trade which are implemented through mechanism of natural, healthy, and transparent competition. The government authorizes PT Pertamina (Incorporated) to accomplish all throughou the country. Dealing with the distribution, PERTAMINA has made a contract in distributing kerosene which is called “The contract of appointing kerosene agents.” This contract stipulates the intention of all legal parties concerning the selling and the mechanism of the kerosene distribution to the public. This research was aimed to explain the responsibility of both parties (the kerosene agents and PERTAMINA) in the contract, the legal protection to both parties in the kerosene conversion and an attempt to settle any dispute between the two parties. The research used analytic between the kerosene agents and PERTAMINA in Aceh. The result of the research showed that the contract had been agreed by both parties. In this case, the kerosene agents were responsible for complying with the provision of the contract the kerosene which was provided in the contract and was responsible for implementing the control over the kerosene distribution. Dealing with the legal protection, PERTAMINA was relatively more powerful than the kerosene agents. It seemed that there was no bargaining position for the kerosene agents. The settlement of any dispute between both parties would be streamlined, and if there was no solution, the dispute would ne brought into the court. It is recommended that both parties, in making the contract, should make official documents through the competent authorities. PERTAMINA should also make any effortto avoid including the stipulation which will legally weigh down the kerosene agents. It is also recommended that, although the case has been brought into the court, both parties should find another solution through non litigation, such as through mediation and negotiation in order to avoid unsettled dispute.
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