Perlindungan Hukum Terhadap Para Pihak Dalam Perjanjian Kerja Sama Keagenan Tiket Online (Studi Kerja Sama Antara PT. Kereta Api Indonesia (Persero) Dengan CV. Anugerah Cirebon)
Main Author: | Fauzia, Liza |
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Other Authors: | Yamin, Muhammad, Sitepu, Runtung, Devi A, T. Keizerina |
Format: | Masters |
Bahasa: | ind |
Subjects: | |
Online Access: |
http://repository.usu.ac.id/handle/123456789/30751 |
Daftar Isi:
- Railroad is one of transportation facilities which have specific characteristics and supremacy. PT. KAI (Incorporated) provides facilities to its customers in buying the tickets in separate places, and one of them is from agencies. An agency is a kind of legal relationship which acts for and on the behalf of the principal party in order to implement business transaction with other parties. A written working contract of the online ticket agencies is done between PT. KIA (Incorporated) and CV. Anugerah, Cirebon. This research is descriptive analytic which was aimed to describe, analyze, and explain correctly, and analyze the legal provisions in order to implement cooperative agreement of the online ticket agencies between PT. KIA (Incorporated) and CV. Anugerah, Cirebon. The method of the research was normative or judicial normative which was based on law as the norm. The data were collected by conducting library research from the primary, secondary, and tertiary materials. It was also conducted by using documentary study, cooperating with the online ticket agencies and interviews with the related persons. The collected data were analyzed deductively and inductively so that they would give the solutions to the problem. The result of the research showed that law did not exactly regulate the protection for the agencies; therefore, they could file the legal complaint through a mechanism which was stipulated in the Civil Code. The agencies were in the weak position because the disturbance of the railroad service often occurred in accessing online tickets so that they sustained big loss, and PT. KIA did not pay the compensation, because there was not agreement about it in the contract. Principally, the standard working contract of the online tickets agencies between PT. KIA and the agencies could be signed directly. PT. KIA (Incorporated) allowed the agencies to negotiate the content of the contract before it was agreed by both parties as long as it did not violate the Decree of Board of Directors No. KEP.D6/.702X/KA-2010. The result of the research showed that the form of the contract of the online ticket agencies was done in a written form and implemented in the standard agreement format. The constraint between PT. KIA (Incorporated) and the agencies, therefore, could be handled properly. The legal protection for the parties in the contract of online ticket agencies could be conducted by the agreement and by the legal provisions; when there was no agreement between both parties, the claim could be filed to the Court. It was recommended that the contract should meet the requirements of both parties by writing the balanced clauses. If there was a dispute, it could be solved through an agreement so that the solution did not use arbitrators or Court.
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