Babay, Amanda Aprisali (2025) ANALISIS YURIDIS SOSIOLOGIS PELAKSANAAN PERJANJIAN EKSPEDISI PENGIRIMAN BARANG (Studi Pada CV. Papua Jaya Logistik). Undergraduate thesis, Universitas Muhammadiyah Malang.
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Abstract
This study aims to analyze the implementation of the cooperation agreement between CV. Papua Jaya Logistik and transportation services and the form of responsibility applied in the event of loss or damage to goods during the shipping process. The research method used is the empirical juridical method, with an approach oriented to legal practice in society. The data obtained comes from primary sources, namely interviews with the Director of CV. Papua Jaya Logistik, as well as secondary data which includes official documents, legal literature, and related regulations. The results showed that the agreement between CV. Papua Jaya Logistik and transportation services are carried out orally, but are still legally valid because they meet the requirements in Article 1320 of the Civil Code. Although there is no written contract, business practices continue with written documentation such as invoices and proof of payment sent via WhatsApp or email. However, the implementation of this agreement may conflict with Article 1338 of the Civil Code and the principle of pacta sunt servanda if the agreement is not concluded in good faith. In terms of responsibility for loss or damage to goods, CV. Papua Jaya Logistik refers to Article 87 of the KUHD and Article 193 of Law Number 22 Year 2009 concerning Road Traffic and Transportation. Dispute resolution is carried out through deliberation in accordance with Article 1338 paragraph (3) of the Civil Code, and the form of compensation provided prioritizes the replacement of goods with similar specifications rather than compensation in the form of money. The principle of liability applied is the principle of fault liability, with documentation such as road letters and proof of delivery as important tools in the liability claim process.
| Item Type: | Thesis (Undergraduate) |
|---|---|
| Student ID: | 202110110311349 |
| Keywords: | Agreement, Freight Expedition, Legal Responsibility |
| Subjects: | K Law > K Law (General) |
| Divisions: | Faculty of Law > Department of Law (74201) |
| Depositing User: | 202110110311349 babayamanda0 |
| Date Deposited: | 03 May 2025 01:56 |
| Last Modified: | 03 May 2025 01:56 |
| URI: | https://eprints.umm.ac.id/id/eprint/17220 |
