Pertanggungjawaban Ahli Waris atas Perbuatan Hukum Pewaris dalam Perjanjian Kerjasama Pengelolaan SPBU (Studi Putusan Hakim Pengadilan Negeri Polewali No.13/PDT.G/2019/PN.POL)

Abstract

Clauses stated in a collaboration agreement should be obeyed by both parties who have agreed to adhere to the agreement. However, what if both parties who drew up the agreement have passed away before the agreement expires and the agreement has not been realized. This leads to the question of which parties should be held responsible for the agreement so that the rights and obligations pertaining to the clauses stated in the agreement are still implemented. The problems of this thesis are 1) Whether the heir who is not the party in the collaboration agreement of gas station management can fail a lawsuit of default against the other party who is also the heir based on the Civil Code; 2) Whether the heir of gas station testator can be held responsible for the default of the collaboration agreement of gas station management based on Civil Code; and 3) The legal analysis regarding the judge's consideration in the lawsuit of gas station management collaboration agreement in Polewali District Court Ruling No.13/Pdt.G/2019/PN.Pol based on Civil Code. This thesis employs normative juridical research method and studies Polewali District Court Ruling by using secondary data. Data care collected through library research and case study and analyzed qualitatively. The results concerning the heir's responsibility for the default in relation to the collaboration agreement in Ruling No.13/Pdt.G/2019/PN.Pol is that the judge decided both defendants are guilty of the legal action committed by the previous testator based on Article 8 of the Collaboration Agreement and it is strengthened by Articles 1338 and 1318 of the Civil Code, which are directly based on the legal basis, the heirs take the place of both parties in the event of the death of the testators. In addition, based on Articles 1100 and 123 of the Civil Code, the heir who receives the inheritance must hold responsible for all obligations caused by the object of inheritance, namely the gas station, which is managed and benefited by the heir. The liability which is put on the defendants regarding the payment of some money due to the default, based on legal analysis is slightly wrong because the interest is added to the payment for the defendants whereas it is not stated in the agreement clauses. Therefore, based on the legal principle of accidentalia, it should not be charged to the defendants.