An Analysis Of The Settlement Of Breach Of Contract In The Procurement Of Goods And Services Between Pt. Cakrawala Dinamika Energi And The Vendor

This study aims to analyze the settlement of breaches of contract in the procurement of goods and services between PT. Cakrawala Dinamika Energi and its vendors, as well as to identify the inhibiting factors encountered during the settlement process. This research employs an empirical legal research method with a qualitative approach. The data were obtained through interviews with relevant parties at PT. Cakrawala Dinamika Energi and supported by a literature review of applicable laws and regulations, as well as relevant legal literature. The results of the study indicate that the settlement of disputes arising from breaches of contract is conducted in stages, beginning with a formal notice of default, followed by negotiation and deliberation to reach a mutual agreement as the primary means of resolution. If no agreement is achieved, the dispute may subsequently be resolved through arbitration or litigation in accordance with the prevailing legal provisions. The inhibiting factors identified include delays in the delivery of goods, non-compliance with the agreed specifications, weak supervision of contract implementation, and the lack of optimal sanction clauses in the agreement. Therefore, strengthening contract management, implementing more selective vendor evaluations, and formulating more explicit dispute resolution clauses are necessary to ensure effective procurement practices and provide legal certainty for all parties involved.

Authors

Publication Details

Journal
Journal of Law Social Science and Management Review
Published
2026-11-11
DOI
https://doi.org/10.70963/jlsmr.v3i1.924
Primary Topic
Indonesian Legal and Regulatory Studies
Type
article
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article

An Analysis Of The Settlement Of Breach Of Contract In The Procurement Of Goods And Services Between Pt. Cakrawala Dinamika Energi And The Vendor

Hurairah Hurairah, Widya Timur, Albert Jonatan
Journal of Law Social Science and Management Review
Indonesian Legal and Regulatory Studies
article

An Analysis Of The Settlement Of Breach Of Contract In The Procurement Of Goods And Services Between Pt. Cakrawala Dinamika Energi And The Vendor

Hurairah Hurairah, Widya Timur, Albert Jonatan
article en

Abstract

This study aims to analyze the settlement of breaches of contract in the procurement of goods and services between PT. Cakrawala Dinamika Energi and its vendors, as well as to identify the inhibiting factors encountered during the settlement process. This research employs an empirical legal research method with a qualitative approach. The data were obtained through interviews with relevant parties at PT. Cakrawala Dinamika Energi and supported by a literature review of applicable laws and regulations, as well as relevant legal literature. The results of the study indicate that the settlement of disputes arising from breaches of contract is conducted in stages, beginning with a formal notice of default, followed by negotiation and deliberation to reach a mutual agreement as the primary means of resolution. If no agreement is achieved, the dispute may subsequently be resolved through arbitration or litigation in accordance with the prevailing legal provisions. The inhibiting factors identified include delays in the delivery of goods, non-compliance with the agreed specifications, weak supervision of contract implementation, and the lack of optimal sanction clauses in the agreement. Therefore, strengthening contract management, implementing more selective vendor evaluations, and formulating more explicit dispute resolution clauses are necessary to ensure effective procurement practices and provide legal certainty for all parties involved.

Journal of Law Social Science and Management ReviewVol. 3(1)
Indonesian Legal and Regulatory Studies
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