Akibat Perbuatan Melawan Hukum dalam Perjanjian Kerja Sama Antara Pemerintah Republik Indonesia dengan Himpunan Bank Milik Negara Tentang Penyaluran Dana Bantuan Bidikmisi (Studi Perjanjian Kerja Sama Nomor: 963/B3.2/KM/PPK/2018 dan HLB/043/PKS/2018)

Abstract

The Government's Cooperation Agreement (PKS) with Himbara does not use applicable regulations even though the APBN provided is very large, up to one point two trillion rupiah. Private agreements have the nuances of public agreements because they use state finances (community representation). The aim of this research is to analyze the consequences of unlawful acts (PMH) of government agreements in regulating rights and obligations. The research method used is a mixed legal research method using technical analysis of the agreement in question and by interviewing informants and respondents. The informants were Civil Law Experts from the University of North Sumatra and International Law Experts from the University of Indonesia, while the respondents consisted of the Head of the Legal Sub-Section and HKLI Staff of the Ministry concerned. The research results show that the Bargaining position of Government Agreements is generally with the Government, but in this agreement it is with the Company. The unbalanced legal system in regulating rights and obligations based on Lawrance Friedman's theory, and the agreement does not show legal certainty, this agreement fulfills the PMH elements based on Article 1365 of the Civil Code. No company should be able to monopolize government goods/services projects. State-owned companies and private companies should have the same opportunities to create a healthy business competition system. When finalizing and harmonizing the Agreement, it is recommended that a review be carried out, especially the legal basis used, so that there are no fatal legal consequences and the potential for the judge to declare the agreement null and void.