the ship lease agreement is a reciprocal agreement

Oct 13, 2025 by wbrum.org 92 views

Juridical Analysis of Default Cases in the Lease Agreement for the Lease of Suction Ship Seven: Study of Supreme Court Decision Number 165K/PDT/2018

Introduction

The rental agreement to rent a ship, like other agreements, has the potential for default. This can be seen in the case of a lease agreement to hire a suction ship seven between PT. Timah (Persero) with PT. Somit traconad. This case is interesting because both parties accuse each other as the party who committed a default, giving rise to legal disputes that led to the decision of the Supreme Court (MA) Number 165K/PDT/2018. This Supreme Court decision became the focus of the analysis in this paper, which aims to understand the procedure for the formation of a ship lease agreement, due to the law of default in the agreement, and outlines the judge's consideration in the Supreme Court's decision regarding this case.

Methodology

This study uses a normative juridical method with secondary data obtained from library and documentation materials. Library research methods and qualitative data analysis are used to collect and analyze data. The use of a normative juridical method is suitable for this study because it aims to analyze and understand the legal aspects of the case, including the procedure for the formation of a ship lease agreement and the law of default in the agreement.

Procedure for the Formation of a Ship Lease Agreement

The process of forming a ship lease agreement involves several important procedures. First, checking the condition of the ship is a crucial step in the formation of a ship lease agreement. The tenant conducts a survey to assess the condition of the ship, including its age, condition, and any necessary repairs. This step is essential to ensure that the ship is in good condition and that the tenant is aware of any potential issues.

Second, making the contents of the agreement letter is another important step in the formation of a ship lease agreement. The agreement letter contains important material such as the scope of work, the validity period of the agreement, the cost of renting a ship, the rental system, the mobilization process, and the operational location of the ship. The agreement letter should be clear and concise, and should outline the obligations and rights of both parties.

Law of Default in the Lease Agreement

As a result of the law of default in the lease agreement to rent a ship, those who carry out default are obligated to pay compensation for their negligence in fulfilling their achievements. The law of default is an essential aspect of the lease agreement, as it provides a mechanism for resolving disputes and ensuring that both parties fulfill their obligations.

MA Decision Number 165K/PDT/2018

In this case, MA Decision Number 165K/PDT/2018 states that PT. Somit Traconad is proven legally conducted default. Based on the provisions of Article 1338 of the Civil Code, PT. Somit Traconad is required to complete all of its legal obligations, namely paying the rental price of the Suction Ship Seven Island.

Important Points in the Supreme Court Decision

This Supreme Court decision has several important points that need to be observed. First, the Supreme Court stated that the evidence submitted by PT. Timah (Persero) is stronger than the evidence proposed by PT. Somit traconad. Second, the Supreme Court stressed that the ship lease agreement is a reciprocal agreement, so that both parties have balanced obligations and rights. Third, the Supreme Court underlines the importance of provisions in the lease agreement to rent a ship to determine the obligations and rights of each party.

Juridical Analysis of the Legal Consideration of Judges

In this Supreme Court decision, the Supreme Court gives an emphasis on the aspects of evidence, the principle of the reciprocal agreement, and the importance of the contents of the agreement in deciding the case of default in the lease agreement. The Supreme Court's consideration of these aspects is essential in ensuring that the decision is fair and just.

Conclusion

This case provides important learning for business actors in the maritime field. It is essential to understand the procedure for the formation of a correct and complete ship lease agreement, as well as ensuring that the contents of the agreement contain all clear and detailed obligations and rights. This can minimize the potential for legal disputes in the future.

Recommendations

Based on the analysis of this case, the following recommendations can be made:

Business actors in the maritime field should ensure that they understand the procedure for the formation of a correct and complete ship lease agreement.
The contents of the agreement should contain all clear and detailed obligations and rights of both parties.
Both parties should fulfill their obligations and rights as outlined in the agreement.
The Supreme Court's decision should be taken into account when forming a ship lease agreement.

By following these recommendations, business actors in the maritime field can minimize the potential for legal disputes and ensure that their agreements are fair and just.

Limitations of the Study

This study has several limitations. First, the study only analyzed one case, which may not be representative of all cases of default in the lease agreement. Second, the study only used secondary data, which may not provide a comprehensive understanding of the case. Third, the study only analyzed the legal aspects of the case, which may not provide a complete understanding of the case.

Future Research Directions

Future research should aim to:

Analyze more cases of default in the lease agreement to provide a more comprehensive understanding of the issue.
Use primary data to provide a more detailed understanding of the case.
Analyze the economic and social aspects of the case to provide a more complete understanding of the issue.

By following these research directions, future studies can provide a more comprehensive understanding of the issue of default in the lease agreement and provide recommendations for business actors in the maritime field.
Q&A: Juridical Analysis of Default Cases in the Lease Agreement for the Lease of Suction Ship Seven

Q: What is the main issue in the case of default in the lease agreement for the lease of suction ship seven?

A: The main issue in the case of default in the lease agreement for the lease of suction ship seven is the dispute between PT. Timah (Persero) and PT. Somit Traconad regarding the default of PT. Somit Traconad in fulfilling its obligations under the lease agreement.

Q: What is the significance of the Supreme Court's decision in this case?

A: The Supreme Court's decision in this case is significant because it provides a clear understanding of the law of default in the lease agreement and the procedure for resolving disputes in such cases. The decision also highlights the importance of ensuring that the contents of the agreement are clear and detailed, and that both parties fulfill their obligations.

Q: What are the key points in the Supreme Court's decision?

A: The key points in the Supreme Court's decision are:

The evidence submitted by PT. Timah (Persero) is stronger than the evidence proposed by PT. Somit Traconad.
The ship lease agreement is a reciprocal agreement, so that both parties have balanced obligations and rights.
The provisions in the lease agreement to rent a ship are essential in determining the obligations and rights of each party.

Q: What are the implications of the Supreme Court's decision for business actors in the maritime field?

A: The implications of the Supreme Court's decision for business actors in the maritime field are:

Business actors should ensure that they understand the procedure for the formation of a correct and complete ship lease agreement.
The contents of the agreement should contain all clear and detailed obligations and rights of both parties.
Both parties should fulfill their obligations and rights as outlined in the agreement.

Q: What are the limitations of this study?

A: The limitations of this study are:

The study only analyzed one case, which may not be representative of all cases of default in the lease agreement.
The study only used secondary data, which may not provide a comprehensive understanding of the case.
The study only analyzed the legal aspects of the case, which may not provide a complete understanding of the issue.

Q: What are the future research directions for this study?

A: The future research directions for this study are:

Analyze more cases of default in the lease agreement to provide a more comprehensive understanding of the issue.
Use primary data to provide a more detailed understanding of the case.
Analyze the economic and social aspects of the case to provide a more complete understanding of the issue.

Q: What are the recommendations for business actors in the maritime field based on this study?

A: The recommendations for business actors in the maritime field based on this study are:

Ensure that they understand the procedure for the formation of a correct and complete ship lease agreement.
The contents of the agreement should contain all clear and detailed obligations and rights of both parties.
Both parties should fulfill their obligations and rights as outlined in the agreement.

Q: What are the implications of this study for the maritime industry?

A: The implications of this study for the maritime industry are:

The study highlights the importance of ensuring that the contents of the agreement are clear and detailed, and that both parties fulfill their obligations.
The study emphasizes the need for business actors in the maritime field to understand the procedure for the formation of a correct and complete ship lease agreement.
The study provides a framework for resolving disputes in cases of default in the lease agreement.

Q: What are the future implications of this study?

A: The future implications of this study are:

The study will provide a framework for resolving disputes in cases of default in the lease agreement.
The study will highlight the importance of ensuring that the contents of the agreement are clear and detailed, and that both parties fulfill their obligations.
The study will emphasize the need for business actors in the maritime field to understand the procedure for the formation of a correct and complete ship lease agreement.