PELAKSANAAN PERJANJIAN KEMITRAAN ANTARA PERUSAHAAN PENGANGKUTAN DENGAN KURIR (Studi Kasus Perjanjian Kemitraan N0.230/PM/MAS/III/2022)

Abstract

This study discusses the cooperation agreement between the transport
company and the courier (case study of the cooperation agreement No.
230/PM/MAS/III/2022)”. An agreement is an act whereby one or more persons
bind themselves to one or more other persons. Based on Article 1338 of the Civil
Code which reads: "All legal agreements are law for those who make them".
These agreements may not be revoked except with the consent of both parties, or
for reasons sufficient by law. The purpose of writing this thesis is; First, to find
out the fulfillment of the transport company's rights and obligations with the
courier in the cooperation agreement on the basis of good faith; Second, seek
efforts to resolve disputes about the rights and obligations of the carrier with the
carrier in a cooperation principle of good faith. The type of legal research the
author uses is normative legal research or library law research.
This type of research can be classified into the sociological research
type because in this research the author conducts research directly at the
research site or place to get a complete and clear picture of the problem under
investigation. This survey was conducted by PT Satria Antaran Prima (SAP)
Pekanbaru City, while the population and sample are all parties related to the
issues examined in this survey, the data sources used, primary data and secondary
data, and tertiary data, data collection techniques in this study through
observation and interviews.
From the results of this research, the author concludes that the legal
protection of the rights and obligations of carriers with couriers based on
cooperation agreements has not been fully implemented properly. The content of
the cooperation agreement is determined unilaterally in relation to the carrier's
obligations. Couriers do not have the right to convey considerations about the
cooperation agreement so that it is less profitable for the parties, especially the
courier. So that the rights and obligations under the partnership agreement are
not met. Settlement of disputes about the rights and obligations of the carrier with
the carrier in the first cooperation agreement through consultation and the
second through mediation. Dispute settlement through consultation has not
achieved the maximum result in practice, so that the parties to the dispute have
not been given proportionate rights and obligations.
Keywords: Courier, Transport company, Cooperation agreement.