Analisis Penerapan Asas Keseimbangan dalam Perjanjian Sewa Menyewa Kapal Pinisi Toba Kenzo 2 di Danau Toba Berdasarkan Ketentuan KUHPerdata

Abstract

The application of the principle of balance in lease agreements to create equality in the rights and obligations of the parties so that there is no domination or pressure on either party. This study aims to analyze the application of the principle of balance in the lease agreement for the Pinisi Toba Kenzo 2 ship, including the provisions used, its impact on the parties, and efforts to resolve any imbalances in the agreement. The research method used in writing this thesis is normative legal research supported by field research. This research is descriptive in nature with a legislative and conceptual approach. The types of research data are primary and secondary data obtained from field studies and literature studies. Data collection was carried out through document studies and interview guidelines that were compiled and analyzed using qualitative methods with deductive conclusions. Based on the results of the research and discussion, it can be concluded that, first, the provisions for determining the lease agreement for the Pinisi Toba Kenzo 2 ship do not meet the principle of balance based on three important aspects of the agreement, namely the position of the parties in the agreement, the existence of agreement content that is not set out in a written document, and the existence of an unbalanced implementation of the agreement by the ship owner. Second, the application of the principle of balance in the agreement is based on the balanced position of the parties and the equal distribution of the parties' rights and obligations in the agreement. Third, efforts to resolve disputes arising from imbalances in the Pinisi Toba Kenzo 2 ship charter agreement can be pursued through non-litigation channels with a mutually beneficial final decision (win-win solution) and through litigation channels with a final decision (win-lose).