Unilaterally-Cancelled Cooperation Agreement (A Case Study of Supreme Court of The Republic of Indonesia)

DOI

10.2991/assehr.k.220404.126How to use a DOI?

Keywords

binding; agreements; breach of contract; tort law

Abstract

The agreements that have been made and agreed upon by the parties shall be effective as Law and bind the parties to make them. Because every agreement made has to be actually implemented. Otherwise, it will be categorized as an act of Breach of contract that gives the right to the aggrieved party to sue for compensation. In the implementation of the Agreement on The Utilization of State Property in the TNI AD there is a violation of the law committed by the parties, because in implementing an agreement must be done in good faith. Until now, neither party has had good faith to resolve the issue of the cooperation agreement and there have been arbitrary actions, or use its dominant position to exploit weak positions (adverse circumstances for PT. Cakra Asia Agung), then it is included in the Act Against the Law, because the act of arbitrariness is outside of the implementation of obligations stipulated in the agreement, so it is not a Breach of contract, but rather in the direction of violating its legal obligation to always be in good faith. The cooperation agreement is settled to find the best solution to provide legal protection to the parties who make the agreement, especially about the substance of legal certainty and legal consequences that occur if the agreement is canceled unilaterally.

Copyright

© 2022 The Authors. Published by Atlantis Press SARL.

Open Access

This is an open access article distributed under the CC BY-NC 4.0 license.

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TY  - CONF
AU  - Maria Ulfa
AU  - Ariawan Gunadi
PY  - 2022
DA  - 2022/04/21
TI  - Unilaterally-Cancelled Cooperation Agreement (A Case Study of Supreme Court of The Republic of Indonesia)
BT  - Proceedings of the 3rd Tarumanagara International Conference on the Applications of Social Sciences and Humanities (TICASH 2021)
PB  - Atlantis Press
SP  - 798
EP  - 802
SN  - 2352-5398
UR  - https://doi.org/10.2991/assehr.k.220404.126
DO  - 10.2991/assehr.k.220404.126
ID  - Ulfa2022
ER  -