Keabsahan Surat Pernyataan dan Perjanjian Keanggotaan Kepemilikan Armada Truk dengan CV.Sukses Kencana Express

Abstract

This study examines the agreement titled "Statement and Membership Agreement" made between CV Sukses Kencana Express and P. Sitanggang, where P. Sitanggang intends to join CV Sukses Kencana Express and pledge/register his motor vehicle under the name of CV Sukses Kencana Express. The responsibilities of a public transportation company are outlined in Article 191 of Law Number 22 of 2009 concerning Road Traffic and Transportation, which states, "Public Transport Companies are responsible for losses caused by any actions of employees in the operation of transportation services." However, Article 5 of the agreement stipulates that "the second party is fully responsible for the operation of the motor vehicle, meaning all risks, including profit/loss, debts/receivables, and all obligations related to the operation of the vehicle, are the full responsibility of the second party, and release the first party from all claims." Public transportation companies should be accountable for all losses caused by their vehicle operators, including traffic accidents, as mandated by Article 191 of Law Number 22 of 2009. The research method used in this study is normative juridical with descriptive analytical characteristics. The data sources for this research are primary legal materials such as relevant legislation. The data collection technique used is library research, and the data are analyzed qualitatively. The results of the study indicate that the agreement made is valid and binding on the parties, even though the subjective conditions are not met. As it is known, if the subjective conditions are not fulfilled, the agreement remains valid as long as the parties do not request annulment from the District Court. The legal consequence in case of loss by CV Sukses Kencana Express is that compensation claims can be submitted by the creditor or the party entitled to receive performance to the court if the contractual violation by the debtor or the party obligated to perform significantly and unreasonably reduces the creditor's assets or the party entitled to the benefit, even slightly. Thus, the creditor or the party obligated to perform in the contract should file a claim in court. The responsibility of CV Sukses Kencana Express to new members is stated in the fifth article: new members are responsible for the operation of the motor vehicle, with all risks, including profit/loss, debts/receivables, and obligations related to the operation of the vehicle being fully the responsibility of the second party (referred to as the new member). and releasing the first party from all claims from the second party or any other party.