KEPATUHAN PARA PIHAK DALAM MENYELESAIKAN SENGKETA MELALUI ARBITRASE SESUAI DENGAN ISI PERJANJIAN (STUDI PERDATA PERJANJIAN JEMBATAN SELAT RENGIT DI KABUPATEN KEPULAUAN MERANTI)

Abstract

In a construction cooperation there are two parties who are mutually bound
by the agreement. The agreement made by both parties is used as the basis and
legal umbrella in construction work. It contains rights and obligations,
implementation procedures and settlement efforts if there is a dispute between the
two parties. The parties to an agreement are usually based on a specific purpose
or purpose. The agreement has the goal of creating better conditions for both
parties. However, an agreement can also be violated to the detriment of the other
party or the term is default. Therefore, this study aims, First, to explain the
reasons related to the occurrence of defaults, especially regarding efforts to
resolve them. Second, to determine the level of compliance of the parties
regarding efforts to settle defaults in accordance with the contents of the
agreement.
This type of research can be classified in the type of normative research.
This research was conducted to determine the level of compliance of the parties,
especially related to the contents of the agreement. This agreement forms the
basis for implementing the Rengit Strait Bridge Construction project in Meranti
Islands Regency, Riau Province.
From the results of the research problem there are two main things that
can be concluded. First, the plaintiff's reasons, in this case the Meranti Islands
District Government, filed a civil lawsuit for default to the District Court.
Whereas in the contract clause it is explained regarding efforts to resolve disputes
through arbitration. Second, the compliance of the parties in resolving disputes
that are not in accordance with the contents of the agreement that has been made
before. The author's suggestions, first, to make efforts to resolve if a dispute
occurs such as default should be made based on the contents of the agreement.
Second, to comply with each of the contents of the agreement must be based on
the self of each party, considering that the agreement is law for both parties,
especially when it comes to efforts to resolve disputes arising from the agreement.