Cooperation Agreement Between PT. Pelabuhan Indonesia I (Persero) Belawan International Container Terminal (BICT) With PT.Prima Indonesia Logistik Regarding The Cooperation Of Management And Operation Of The Reach Stacker Equipment At The BICT Terminal
Introduction
The Belawan International Container Terminal (BICT) is a crucial hub for the smooth process of loading and unloading containers. Reach Stacker, a flexible device, plays a vital role in this process. To support the efficient flow of goods, PT. Pelindo I BICT and PT. Prima Indonesia Logistik have signed a cooperation agreement regarding the management and operation of Reach Stacker at the BICT Terminal. However, in practice, this agreement still has many shortcomings in procedures and standards, resulting in an imbalance between the two parties.
Analysis of Imbalances in the Agreement
In this thesis, several theories are applied, namely the theory of freedom of contract, balance theory, and theory of legal certainty. The mechanism for preparing a cooperation agreement between PT. Pelindo I BICT and PT. Prima Indonesia Logistics is based on the negotiation process. In order for this agreement to be valid, it must meet the requirements stipulated in Article 1320 of the Civil Code (Kuhperdata).
Unfortunately, the implementation of this agreement does not create an ideal balance between the rights and obligations of the two parties. The First Party (PT. Pelindo I BICT) has more rights than the second party (PT. Prima Indonesia Logistik), while its obligations are far less. For example, one of the clauses in the agreement requires the second party to provide a replacement device within 1x24 hours in case of damage that can interfere with container appointment services. This clause is often a source of problems because it is not uncommon for the second party to not meet these demands.
Challenges in Implementation
Practice in the field shows that the improvement of Reach Stackers often cannot be completed within 24 hours, and the availability of replacement devices is often not there. This resulted in obstruction of the receipt and delivery of goods. The inability to fulfill this obligation can cause the second party to suffer greater losses. The lack of clear procedures and standards in the agreement has led to confusion and disputes between the two parties, ultimately affecting the smooth process of loading and unloading containers.
Theoretical Framework
To understand the imbalances in the agreement, we will apply the following theories:
- Theory of Freedom of Contract: This theory states that parties have the freedom to negotiate and agree on the terms of a contract. However, in this case, the agreement has created an imbalance between the two parties, which is not in line with the theory.
- Balance Theory: This theory states that a contract should have a balance between the rights and obligations of the parties. However, in this case, the agreement has created an imbalance, which is not in line with the theory.
- Theory of Legal Certainty: This theory states that a contract should be clear and certain in its terms. However, in this case, the agreement has created confusion and disputes between the two parties, which is not in line with the theory.
Conclusion
Cooperation Agreement between PT. Pelindo I BICT and PT. Prima Indonesia Logistics regarding the management and operation of Reach Stackers needs to be evaluated and refined. The imbalance in the rights and obligations of the two parties must be considered so that this collaboration can run effectively and mutually beneficial. By improving the procedures and standards in the agreement, it is expected that the smooth process of loading and unloading containers can be achieved and both parties can operate more efficiently.
Recommendations
Based on the analysis of the imbalances in the agreement, the following recommendations are made:
- Re-evaluate the agreement: The agreement should be re-evaluated to ensure that it is fair and balanced between the two parties.
- Improve procedures and standards: The procedures and standards in the agreement should be improved to ensure that they are clear and certain.
- Increase transparency: The agreement should be transparent in its terms and conditions to avoid confusion and disputes between the two parties.
- Provide training and support: The two parties should provide training and support to each other to ensure that they are aware of their rights and obligations under the agreement.
Future Research Directions
This research has identified several areas for future research:
- Further analysis of the agreement: A further analysis of the agreement is needed to identify the root causes of the imbalances between the two parties.
- Development of a new agreement: A new agreement should be developed that takes into account the imbalances identified in this research.
- Implementation of the new agreement: The new agreement should be implemented and evaluated to ensure that it is effective and mutually beneficial.
Limitations of the Study
This study has several limitations:
- Limited scope: The study has a limited scope and only focuses on the cooperation agreement between PT. Pelindo I BICT and PT. Prima Indonesia Logistik.
- Limited data: The study relies on secondary data and may not have access to primary data.
- Limited generalizability: The study may not be generalizable to other contexts and agreements.
Conclusion
In conclusion, the cooperation agreement between PT. Pelindo I BICT and PT. Prima Indonesia Logistik regarding the management and operation of Reach Stackers needs to be evaluated and refined. The imbalance in the rights and obligations of the two parties must be considered so that this collaboration can run effectively and mutually beneficial. By improving the procedures and standards in the agreement, it is expected that the smooth process of loading and unloading containers can be achieved and both parties can operate more efficiently.
Frequently Asked Questions (FAQs) about the Cooperation Agreement between PT. Pelindo I BICT and PT. Prima Indonesia Logistik
Q: What is the purpose of the cooperation agreement between PT. Pelindo I BICT and PT. Prima Indonesia Logistik?
A: The purpose of the cooperation agreement is to manage and operate the Reach Stacker equipment at the Belawan International Container Terminal (BICT) Terminal.
Q: What are the key terms of the agreement?
A: The key terms of the agreement include the provision of replacement devices within 1x24 hours in case of damage, the maintenance and repair of the Reach Stacker equipment, and the sharing of costs and responsibilities between the two parties.
Q: What are the challenges faced by PT. Prima Indonesia Logistik in implementing the agreement?
A: The challenges faced by PT. Prima Indonesia Logistik include the inability to provide replacement devices within the specified time frame, the lack of clear procedures and standards in the agreement, and the imbalance in the rights and obligations of the two parties.
Q: What are the consequences of not implementing the agreement effectively?
A: The consequences of not implementing the agreement effectively include the obstruction of the receipt and delivery of goods, the loss of business opportunities, and the damage to the reputation of both parties.
Q: What are the recommendations for improving the agreement?
A: The recommendations for improving the agreement include re-evaluating the agreement to ensure that it is fair and balanced between the two parties, improving the procedures and standards in the agreement, increasing transparency, and providing training and support to each other.
Q: What are the future research directions for this study?
A: The future research directions for this study include further analysis of the agreement, development of a new agreement, and implementation of the new agreement.
Q: What are the limitations of this study?
A: The limitations of this study include the limited scope, limited data, and limited generalizability.
Q: What are the implications of this study for the logistics industry?
A: The implications of this study for the logistics industry include the need for clear and transparent agreements, the importance of balancing the rights and obligations of parties, and the need for ongoing training and support.
Q: What are the recommendations for practitioners in the logistics industry?
A: The recommendations for practitioners in the logistics industry include re-evaluating existing agreements, improving procedures and standards, and providing training and support to each other.
Q: What are the future directions for research in the logistics industry?
A: The future directions for research in the logistics industry include further analysis of agreements, development of new agreements, and implementation of new agreements.
Q: What are the implications of this study for the economy?
A: The implications of this study for the economy include the need for efficient and effective logistics operations, the importance of balancing the rights and obligations of parties, and the need for ongoing training and support.
Q: What are the recommendations for policymakers in the logistics industry?
A: The recommendations for policymakers in the logistics industry include developing clear and transparent regulations, improving procedures and standards, and providing training and support to practitioners.
Q: What are the future directions for research in the logistics industry?
A: The future directions for research in the logistics industry include further analysis of agreements, development of new agreements, and implementation of new agreements.
Q: What are the implications of this study for the environment?
A: The implications of this study for the environment include the need for efficient and effective logistics operations, the importance of balancing the rights and obligations of parties, and the need for ongoing training and support.
Q: What are the recommendations for practitioners in the logistics industry?
A: The recommendations for practitioners in the logistics industry include re-evaluating existing agreements, improving procedures and standards, and providing training and support to each other.
Q: What are the future directions for research in the logistics industry?
A: The future directions for research in the logistics industry include further analysis of agreements, development of new agreements, and implementation of new agreements.