Implementation of the Principles of Pacta Sunt Servanda On Heavy Equipment Rental Agreement

Abstract

This study aims to determine the implementation of the principle of Pacta Sunt Servanda to the heavy equipment rental agreement at PT. Jaya Jasa Sarana, as well as to find out the obstacles and solutions in implementing the Pacta Sunt Servanda principle. This research is a sociological or empirical legal research using an empirical juridical approach. The specification of this research is descriptive-analytical with the types of primary data and secondary data consisting of primary legal materials, secondary legal materials, and tertiary legal materials. Methods of data collection using primary data in the form of observation or observations and interviews (interviews) as well as secondary data through literature study. The data were analyzed qualitatively with an inductive thinking pattern. Based on the research, it was concluded that in implementing the Pacta Sunt Servanda principle in each heavy equipment rental agreement, it can be analyzed into two general descriptions, namely before the presence of Human Resources (HR) in the Legal field and after the presence of Legal Officers. The main factor that becomes an obstacle is the absence of good faith efforts from the client to comply with and fulfill every content of the substance of the agreement and the implementation of the contract. One of the clauses that must be made in a construction work contract is about the settlement of disputes or disputes. The solution implemented by PT. Jaya Jasa Sarana, namely as follows: More stringent in analyzing work contracts, especially regarding the clauses in the contract, both in terms of what will be planned, what has been implemented, and post implementation; complete and accurate administration of documents such as billing, receipts, invoices, tax invoices, and others; increase knowledge in the field of employment contracts and civil affairs.
Keywords: Agreement; Equipment; Implementation; Lease.