PERANAN HUKUM DALAM PENYELESAIAN SENGKETA KASUS TIDAK DIKEMBALIKANNYA UANG MUKA DALAM PERJANJIAN KONTRAK KERJASAMA ANTAR PERUSAHAAN

Abstract

The principle of freedom of contract gives legitimacy to the parties who have reached an agreement to be implemented and enforced in an agreement that will bind those who make it. The goal is to know and analyze legal uncertainty in the return of advance payments in company cooperation contracts, as well as to identify the legal rules governing the return mechanism in civil law and applicable laws and regulations. To know the impact of default and termination of the contract on the parties. To assess the effectiveness of dispute resolution mechanisms through litigation and non-litigation in handling the return of advance payments in cooperation. Research findings: The absence of a down payment refund clause in the agreement, lack of written documentation and proof, errors in drafting the lawsuit, and a lack of legal education and contractual planning. An agreement creates a legal obligation or relationship that gives rise to rights and obligations for each party. Therefore, an agreement in the form of a contract is inherently binding, and according to Article 1338, paragraph 1, of the Civil Code, this agreement has the force of law for the parties who made it.

Keywords: Cooperation Contract, Down Payment, Role of Law, Default