Analisis Yuridis Akta Perdamaian Perjanjian Kerjasama Pengelolaan Barang Milik Negara (Perjanjian antara Pusat Koperasi TNI Angkatan Darat dengan PT. Luwiwan Megah Perkasa)

Abstract

This thesis is entitled Juridical Analysis of Peace Deed on Cooperation for the Utilization of State-Owned Assets (Agreement between Indonesian Army Cooperative and PT. Luwiwan Megah Perkasa). The problems being analyzed are; "What is the legal standing of TNI AD (Indonesian Army) Cooperative in carrying out cooperation in the management of state-owned assets with Right to Use objects, state assets with Right to Use objects? What are the legal consequences for the agreements arising from errors in the cooperation procedures for the utilization of TNI (Indonesian National Armed Forces) assets? And what is the legal analysis of the plaintiff's lawsuit PT. Luwiwan Megah Perkasa to the Defendant, TNI AD Cooperative Center? The research uses normative juridical type and analytical descriptive analysis. It uses normative-qualitative juridical research method supported by empirical data. Secondary data are used as the data source to support primary data in this research. The data collection is carried out using literature review method or library research with document studies from various relevant sources as the data collection instrument. The conclusion of this research is that Puskopad (Indonesian Army Cooperative Center) Kodam II/Sriwijaya as a party to the agreement on the utilization of state property with PT. Luwiwan Megah Perkasa has no legal standing to sign the agreement because Puskopad is a civil legal entity that has no rights over stat-owned assets. In the agreement for the utilization of stat-owned assets, Puskopad does not meet the subjective requirements stipulated in Article 1320 of the Civil Code, namely "not competent" or not having the authority to sign the agreement. The legal consequences arising from a concluded agreement that is not in accordance with the applicable legal provisions are that the agreement can be terminated. Efforts to resolve the case through peace are the effort that benefit the parties because resolving the case through a lawsuit requires a comparatively long period of time and cost a fortune.