Dewi Rumaisa, S.H., M.H. (2022) Karakteristik Kerjasama Penjualan Bahan Bakar Minyak (Analisis Bentuk Hubungan Hukum Pertamina dan Pertashop dalam Penjualan Bahan Bakar Minyak). Thesis thesis, UNIVERSITAS AIRLANGGA,.
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Abstract
Oil and gas are one of the important sources of foreign exchange in national development activities carried out in synergy between the government and the community. Based on Article 2 of Law Number 8 of 1971 concerning State Oil and Gas Mining Companies, it is stated that the Government has given its authority in the form of mining authorization to Pertamina. In line with the Pertamina One Village One Outlet (OVOO) program in order to ensure Pertamina services to the countryside, Pertamina offers the latest product, named PERTASHOP (Pertamina SHOP) to the public. Until now, the operational basis of Pertashop is still in the form of Pertashop Operational Permit. In addition, Pertashop entrepreneurs often encounter high losses when shipping fuel oil through PT Patra Niaga as the transporter. This research is a legal research that uses a statutory approach and a conceptual approach. This thesis discusses the binding power of Pertashop's Operational Permit as the basis for the legal relationship between the parties and Pertamina's accountability to Petrashop in disputes over the distribution of fuel oil. The results of this study state that the Pertashop Operational Permit is not an agreement, but as a condition of approval or agreement from Pertamina which will eventually give birth to a Cooperation Agreement. The legal relationship between Pertamina and Pertashop Entrepreneurs has given birth to an engagement from an agreement so that it gives birth to an act, namely the distribution of fuel oil. Settlement of default in disputes over the distribution of Fuel Oil can be done through deliberation to reach consensus, Alternative Dispute Resolution or lawsuits in general courts.
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