Analisis Yuridis Perjanjian Pengadaan Barang dan Jasa pada PT. Angkasa Pura II (Persero) Kantor Cabang Bandara Internasional Kualanamu dengan CV. Marendal Mas (Studi Putusan Mahkamah Agung Nomor 1120 K/PDT/2022)

Abstract

One of many procurement cases faced by PT Angkasa Pura II (Persero) is the decree No. 256/Pdt.G/2020/PN.Lbp on a lawsuit filed by the plaintiff, CV. Marendal Mas or CVM, to the Lubuk Pakam District Court regarding the procurement of air conditioners at Garbarata Kualanamu International Airport Deli Serdang, North Sumatera Province. The study aims to investigate the legal effects of the Supreme Court ruling No 1120 K/Pdt/2022 regarding the Procurement Agreement of air conditioners at Garbarata Kualanamu International Airport Deli Serdang, North Sumatera Province. Furthermore, it delves into the judicial consideration of decree No 342/Pdt/2021/PT Mdn to determine if it is an unlawful act. Also, it looks into the judicial consideration of the Supreme Court ruling No 1120 K/Pdt/2022 on the Procurement Agreement between PT Angkasa Pura II (Persero) International Kualanamu Airport branch and CV Marendal Mas. A qualitative method is employed in this descriptive normative juridical study. The study finds that the legal effect of the Supreme Court ruling No 1120 K/Pdt/2020 Mdn does not confer rights to the appellant, who was the plaintiff, and does not impose duties on the appellee, who was the defendant. The judge's consideration on the decree No 342/Pdt/2021/PT Mdn is due to the plaintiff's requests for the sue being an ultra petitum, which precludes the judge from approving the sue that is over the petitum and something that is not requested in the petitum. The fact that the principle of Ius Curia Novit prevents courts from rejecting cases due to the absence of law or ambiguous law; as a result, the judge at Medan District Court renders the ruling based on the principle of Ius Curia Novit. The inaccuracy of the court ruling in the case of the Procurement Agreement at PT Angkasa Pura II (Persero) International Kualanamu airport branch can serve as a reminder that every lawsuit must satisfy the four criteria of unlawful conduct and demonstrate that no law has been violated. However, it is more concerned with the fulfillment of the contract/agreement caused by a force majeure condition and a breach of the agreement made and agreed upon by the parties involved.