Implementation of the Principle of Balance in Partnership Agreements Made Unilaterally (Case Study on the Concession and use of Sppbe Agreement Between Pt Pertamina (Persero) and Pt Rejeki Berkah Empat Putra)

Abstract

The emergence of various standard agreements in today's society is a serious question regarding implementing the principle of balance in these standard agreements. Such as the partnership agreement regarding the exploitation and use of SPPBE between PT Pertamina (Persero) and PT Rejeki Berkah Empat Putra (PT. RBEP), where the agreement was made unilaterally and needed to be analyzed regarding the implementation of the principle of balance. This legal journal aims to determine whether the principle of balance has been accommodated in the agreement on the exploitation and use of the SPPBE and legal protection for parties who only have to sign the partnership agreement made unilaterally. The implementation of the principle of balance in the agreement on the exploitation and use of SPPBE between PT Pertamina (Persero) and PT RBEP has not been fully accommodated because the agreement contains illogical provisions regarding the rights and obligations imposed on PT RBEP as the second party. The agreement contains an exoneration clause that is burdensome for one of the parties, namely the existence of provisions on rights and obligations that need to be revised, and the implementation of the agreement is also illogical because it does not fulfill the principle of objective good faith. Legal protection for parties who only have to sign the partnership agreement made unilaterally is based on the principle of good faith. So, the form of legal protection is to set aside the agreement's contents in the form of cancellation of the agreement in which PT RBEP can file it with the court.