Legal Regulation in the Sale and Purchase Agreement

Oct 13, 2025 by wbrum.org 71 views

Implementation of a Rubber Buying and Selling Agreement between Middlemen and PT. Kirana Sapta in Panompuan Jae Village, East Angkola District, South Tapanuli Regency

Introduction

The sale and purchase agreement is a crucial aspect of business transactions, particularly in the context of the rubber industry. In Panompuan Jae Village, East Angkola District, South Tapanuli Regency, the implementation of a rubber buying and selling agreement between middlemen and PT. Kirana Sapta has become a significant focus. This study aims to analyze the legal arrangements regarding the implementation of the agreement, the form of the agreement used, as well as the obstacles that may arise in practice.

Legal Regulation in the Sale and Purchase Agreement

The sale and purchase agreement in Indonesia is regulated in the Civil Code (Kuhperdata) in Book III, ranging from Article 1233 to 1456. This regulation includes the valid conditions of the agreement, the rights and obligations of each party, as well as the mechanism for resolving disputes that may occur. In the context of this rubber agreement, there are several regulations that need to be considered, including aspects of the quality of goods and the time of submission. Understanding these regulations is crucial for both parties to ensure a smooth transaction.

The Civil Code provides a framework for the sale and purchase agreement, including the concept of consensus ad idem, which refers to the mutual understanding and agreement between the parties. This concept is essential in ensuring that both parties are aware of their rights and obligations. Additionally, the Code also provides for the concept of causa, which refers to the purpose or intention behind the agreement. This concept is crucial in determining the validity of the agreement and the rights of the parties involved.

The Form of the Agreement Used

The form of a rubber sale and purchase agreement between middlemen and PT. Kirana Sapta in the village of Panompuan Jae is generally an agreement under the hand. That is, this agreement does not require a notary deed and is sufficiently signed by both parties. Although this form is practical and fast, there is a higher risk related to uncertainty and potential disputes in the future. Therefore, it is essential for both parties to be clear in agreeing on all terms in the agreement. A clear and concise agreement is crucial in preventing disputes and ensuring a smooth transaction.

The Implementation of the Agreement and the Obstacles that Emerged

The implementation of this agreement began with a meeting between middlemen and representatives from PT. Kirana Sapta, represented by Welly Lee as a purchase manager. After conducting discussions and negotiations regarding the contents of the contract, both parties signed the agreement document. However, in practice, disputes often occur due to middlemen that are not in accordance with the agreement. For example, there are cases of late delivery of rubber results that should be carried out according to the specified time.

In resolving the dispute, PT. Kirana Sapta usually prioritizes the deliberation approach. This reflects efforts to resolve conflicts peacefully before taking more formal legal steps. However, in some cases, if the deliberation does not produce results, the parties involved can take further legal steps in accordance with the provisions stipulated in the Civil Code. Effective communication and conflict resolution are essential in ensuring a smooth transaction.

Conclusion

Implementation of rubber buying and selling agreements between middlemen and PT. Kirana Sapta in Panompuan Jae Village showed quite complex dynamics. Although legal regulations already exist, practice in the field is often colored by obstacles that disrupt the smooth transactions. Therefore, it is essential to increase understanding of the legal aspects and agreement procedures for the parties involved, so that business relations can run more effectively and productively. A deeper understanding of the legal framework and agreement procedures is crucial in ensuring a successful transaction.

Recommendations

Based on the findings of this study, the following recommendations are made:

Increase understanding of the legal aspects and agreement procedures: It is essential for both parties to have a clear understanding of the legal framework and agreement procedures to ensure a smooth transaction.
Effective communication and conflict resolution: Effective communication and conflict resolution are essential in ensuring a smooth transaction.
Clear and concise agreement: A clear and concise agreement is crucial in preventing disputes and ensuring a smooth transaction.
Regular review and update of the agreement: Regular review and update of the agreement are essential to ensure that the agreement remains relevant and effective.

By following these recommendations, both parties can ensure a successful transaction and build a strong business relationship.
Frequently Asked Questions (FAQs) about Rubber Buying and Selling Agreements between Middlemen and PT. Kirana Sapta

Q: What is a rubber buying and selling agreement?

A: A rubber buying and selling agreement is a contract between a buyer (in this case, PT. Kirana Sapta) and a seller (in this case, middlemen) that outlines the terms and conditions of the sale of rubber.

Q: What are the key elements of a rubber buying and selling agreement?

A: The key elements of a rubber buying and selling agreement include:

Price: The agreed-upon price of the rubber
Quantity: The amount of rubber to be sold
Quality: The quality of the rubber to be sold
Delivery: The terms of delivery, including the date and location
Payment: The terms of payment, including the method and timing

Q: What are the benefits of a rubber buying and selling agreement?

A: The benefits of a rubber buying and selling agreement include:

Clarity: A clear understanding of the terms and conditions of the sale
Security: Protection for both parties in case of disputes or non-performance
Efficiency: A streamlined process for the sale and delivery of rubber
Cost savings: Reduced costs associated with disputes and non-performance

Q: What are the potential risks of a rubber buying and selling agreement?

A: The potential risks of a rubber buying and selling agreement include:

Disputes: Disputes over the terms and conditions of the sale
Non-performance: Failure by one or both parties to perform their obligations
Changes in market conditions: Changes in market conditions that affect the price or availability of rubber
Regulatory changes: Changes in regulations that affect the sale and delivery of rubber

Q: How can disputes be resolved in a rubber buying and selling agreement?

A: Disputes in a rubber buying and selling agreement can be resolved through:

Negotiation: Direct negotiation between the parties
Mediation: Mediation by a neutral third party
Arbitration: Arbitration by a neutral third party
Litigation: Litigation in a court of law

Q: What is the role of PT. Kirana Sapta in a rubber buying and selling agreement?

A: PT. Kirana Sapta is the buyer in a rubber buying and selling agreement. Their role is to:

Negotiate: Negotiate the terms and conditions of the sale
Agree: Agree to the terms and conditions of the sale
Pay: Pay the agreed-upon price for the rubber
Accept: Accept delivery of the rubber

Q: What is the role of middlemen in a rubber buying and selling agreement?

A: Middlemen are the sellers in a rubber buying and selling agreement. Their role is to:

Negotiate: Negotiate the terms and conditions of the sale
Agree: Agree to the terms and conditions of the sale
Deliver: Deliver the rubber to PT. Kirana Sapta
Receive payment: Receive payment from PT. Kirana Sapta

Q: What are the key considerations for PT. Kirana Sapta when entering into a rubber buying and selling agreement?

A: The key considerations for PT. Kirana Sapta when entering into a rubber buying and selling agreement include:

Price: The agreed-upon price of the rubber
Quality: The quality of the rubber to be sold
Delivery: The terms of delivery, including the date and location
Payment: The terms of payment, including the method and timing
Risk management: Managing the risks associated with the sale and delivery of rubber

Q: What are the key considerations for middlemen when entering into a rubber buying and selling agreement?

A: The key considerations for middlemen when entering into a rubber buying and selling agreement include:

Price: The agreed-upon price of the rubber
Quantity: The amount of rubber to be sold
Quality: The quality of the rubber to be sold
Delivery: The terms of delivery, including the date and location
Payment: The terms of payment, including the method and timing
Risk management: Managing the risks associated with the sale and delivery of rubber