Wanprestasi dalam Perjanjian Kerja Sama Bagi Hasil Kapal Motor Penangkap Ikan Ata Droe (Studi Putusan Mahkamah Agung Nomor 2759 K/Pdt/2021)

Abstract

The Ata Droe Fishing Motor ship profit-sharing Cooperation Agreement is an agreement agreed verbally between Yusri Usman Bin Usman as the first party and Mahdi Bin H. Syukri as the second party in 2016 in Idi, Aceh. However, the second party committed a breach of contract by not providing profit sharing to the first party. This thesis research aims to determine and analyze the validity of the Ata Droe Motor Ship profit sharing cooperation agreement, Legal Justice for the Owner of the Ship in the event of a Default committed by the Second Party in The Ata Droe Fishing Motor ship profit-sharing Cooperation Agreement, and the legal considerations of the Panel of Judges regarding justice Law in the Case of Default on the The Ata Droe Fishing Motor ship profit-sharing Cooperation Agreement. This research uses descriptive normative legal research methods, with a statutory approach and a case approach. Data collection procedures to obtain scientific truth were carried out using literature studies and interviews with a Judge at the Medan District Court and a lawyer, as supporting data. The research results show that the The Ata Droe Fishing Motor ship profitsharing Cooperation Agreement complies with Article 1320 of the Civil Code, meaning that the agreement is in accordance with applicable provisions. As a result of the default by the second party, the first party did not receive legal justice in the profit sharing cooperation agreement, the first party should have received a profit of 53% but the first party never received it. The panel of judges examining the case of Idi District Court Decision Number 6/Pdt.G/2016/PN Idi should have granted part of the value of material and immaterial damages in the petitum of the first party's lawsuit with consideration of Article 1239 of the Civil Code.