Review and Revision of the Agreement

Oct 13, 2025 by magicalceylontours.com 74 views

Introduction

In the world of law, agreements are a crucial aspect of business and social interactions. An agreement is a contract between two or more parties to carry out something, bound by two fundamental principles: the principle of freedom of contract and the principle of balance. However, in practice, agreements often do not reflect these principles in a balanced way. This article will explore the juridical review of the cooperation agreement between the Karya Salemba Empat Foundation and PT Bank Central Asia Tbk, focusing on the suitability of the principle of freedom of contract and the principle of balance in the agreement clause, responsibilities that arise due to risk, as well as resolution when a default occurs by one party.

Background

The Karya Salemba Empat Foundation and PT Bank Central Asia Tbk have a cooperation agreement that is standard and is a deed under the hand, not a notary deed. This agreement is a scholarship program aimed at providing opportunities for students to pursue their education. However, the agreement has been criticized for being unilateral, where the First Party (PT Bank Central Asia Tbk) has the power to determine the agreement clause, while the Second Party (Salemba Empat Foundation) must accept the provision without space for negotiations.

Methodology

This thesis uses a normative juridical approach with an empirical juridical approach. The data obtained are processed and analyzed qualitatively and ends with conclusions based on the deductive method. The research aims to explore the problems related to the suitability of the principle of freedom of contract and the principle of balance in the agreement clause, responsibilities that arise due to risk, as well as resolution when a default occurs by one party.

Results

The results showed that the principle of freedom of contract and the principle of balance in the cooperation agreement between the Karya Salemba Empat Foundation and PT Bank Central Asia Tbk was not met. This is because the agreement carried out is unilateral, where the First Party (PT Bank Central Asia Tbk) has the power to determine the agreement clause, while the Second Party (Salemba Empat Foundation) must accept the provision without space for negotiations. This tendency creates an imbalance, where the first party seems to release its full responsibility to the second party.

Discussion

The unilateral nature of the agreement creates an imbalance, where the first party seems to release its full responsibility to the second party. This is a violation of the basic principles of the agreement, in which one party has the right to change or end the agreement with unilateral, without equal protection for other parties. The preparation of the agreement clause governing the responsibilities and default is ambiguous, which can cause potential disputes in the future.

Furthermore, the clause in the agreement gave the right to PT Bank Central Asia Tbk to terminate the contract unilaterally, without giving similar clarity to the Salemba Empat Foundation. This injustice shows a violation of the basic principles of the agreement, in which one party has the right to change or end the agreement with unilateral, without equal protection for other parties.

Conclusion

In conclusion, the agreement between the Karya Salemba Empat Foundation and PT Bank Central Asia Tbk reflects the challenges faced in the application of the principle of freedom of contract and the principle of balance. It is essential for both parties to pay attention to the juridical aspects in preparing the agreement clause in order to create a more fair and balanced relationship, and reduce the risk of disputes in the future. Proactive actions in clarifying the responsibilities and rights of each party will be very useful in minimizing the potential of default and increasing the effectiveness of cooperation.

Recommendations

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

Review and Revision of the Agreement: The agreement between the Karya Salemba Empat Foundation and PT Bank Central Asia Tbk should be reviewed and revised to ensure that it reflects the principles of freedom of contract and balance.
Clarification of Responsibilities and Rights: The responsibilities and rights of each party should be clearly clarified in the agreement to avoid potential disputes in the future.
Proactive Actions: Proactive actions should be taken by both parties to minimize the potential of default and increase the effectiveness of cooperation.

Limitations

This study has several limitations, including:

Limited Scope: The study only focuses on the cooperation agreement between the Karya Salemba Empat Foundation and PT Bank Central Asia Tbk, and does not consider other agreements or contracts.
Qualitative Analysis: The study uses a qualitative analysis approach, which may not provide a comprehensive understanding of the issues related to the agreement.
Limited Data: The study relies on secondary data, which may not be comprehensive or up-to-date.

Future Research Directions

Future research should focus on the following areas:

Comparative Study: A comparative study should be conducted to compare the agreement between the Karya Salemba Empat Foundation and PT Bank Central Asia Tbk with other agreements or contracts.
Quantitative Analysis: A quantitative analysis approach should be used to provide a more comprehensive understanding of the issues related to the agreement.
Longitudinal Study: A longitudinal study should be conducted to examine the effectiveness of the agreement over time.

References

Karya Salemba Empat Foundation. (n.d.). About Us. Retrieved from https://www.karyasalembaempat.org/about-us/
PT Bank Central Asia Tbk. (n.d.). About Us. Retrieved from https://www.bca.co.id/about-us/
Indonesian Law. (n.d.). Indonesian Law. Retrieved from https://www.indonesianlaw.com/
Frequently Asked Questions (FAQs) about the Juridical Review of the Karya Salemba Empat Foundation and PT Bank Central Asia Tbk regarding the Scholarship Program ===========================================================

Q: What is the purpose of the juridical review of the Karya Salemba Empat Foundation and PT Bank Central Asia Tbk regarding the scholarship program?

A: The purpose of the juridical review is to examine the suitability of the principle of freedom of contract and the principle of balance in the agreement clause, responsibilities that arise due to risk, as well as resolution when a default occurs by one party.

Q: What are the main findings of the juridical review?

A: The main findings of the juridical review are that the principle of freedom of contract and the principle of balance in the cooperation agreement between the Karya Salemba Empat Foundation and PT Bank Central Asia Tbk was not met. The agreement carried out is unilateral, where the First Party (PT Bank Central Asia Tbk) has the power to determine the agreement clause, while the Second Party (Salemba Empat Foundation) must accept the provision without space for negotiations.

Q: What are the implications of the findings of the juridical review?

A: The implications of the findings of the juridical review are that the agreement between the Karya Salemba Empat Foundation and PT Bank Central Asia Tbk reflects the challenges faced in the application of the principle of freedom of contract and the principle of balance. It is essential for both parties to pay attention to the juridical aspects in preparing the agreement clause in order to create a more fair and balanced relationship, and reduce the risk of disputes in the future.

Q: What are the recommendations of the juridical review?

A: The recommendations of the juridical review are:

Review and Revision of the Agreement: The agreement between the Karya Salemba Empat Foundation and PT Bank Central Asia Tbk should be reviewed and revised to ensure that it reflects the principles of freedom of contract and balance.
Clarification of Responsibilities and Rights: The responsibilities and rights of each party should be clearly clarified in the agreement to avoid potential disputes in the future.
Proactive Actions: Proactive actions should be taken by both parties to minimize the potential of default and increase the effectiveness of cooperation.

Q: What are the limitations of the juridical review?

A: The limitations of the juridical review are:

Limited Scope: The study only focuses on the cooperation agreement between the Karya Salemba Empat Foundation and PT Bank Central Asia Tbk, and does not consider other agreements or contracts.
Qualitative Analysis: The study uses a qualitative analysis approach, which may not provide a comprehensive understanding of the issues related to the agreement.
Limited Data: The study relies on secondary data, which may not be comprehensive or up-to-date.

Q: What are the future research directions of the juridical review?

A: The future research directions of the juridical review are:

Comparative Study: A comparative study should be conducted to compare the agreement between the Karya Salemba Empat Foundation and PT Bank Central Asia Tbk with other agreements or contracts.
Quantitative Analysis: A quantitative analysis approach should be used to provide a more comprehensive understanding of the issues related to the agreement.
Longitudinal Study: A longitudinal study should be conducted to examine the effectiveness of the agreement over time.

Q: What are the implications of the juridical review for the Karya Salemba Empat Foundation and PT Bank Central Asia Tbk?

A: The implications of the juridical review for the Karya Salemba Empat Foundation and PT Bank Central Asia Tbk are that they should pay attention to the juridical aspects in preparing the agreement clause in order to create a more fair and balanced relationship, and reduce the risk of disputes in the future.

Q: What are the implications of the juridical review for the scholarship program?

A: The implications of the juridical review for the scholarship program are that it should be reviewed and revised to ensure that it reflects the principles of freedom of contract and balance, and that the responsibilities and rights of each party should be clearly clarified in the agreement to avoid potential disputes in the future.

Q: What are the implications of the juridical review for the education sector?

A: The implications of the juridical review for the education sector are that it highlights the importance of paying attention to the juridical aspects in preparing agreements or contracts related to scholarship programs, and that it emphasizes the need for a more fair and balanced relationship between the parties involved.