Responsibilities of Both Parties

Oct 13, 2025 by windailys.com 11 views

Introduction

The management of oil and gas in Indonesia is regulated by Law Number 22 of 2001, which aims to ensure effective and transparent management, including in the processing, transportation, storage, and sales of oil and gas. PT. Pertamina (Persero) is appointed by the government as the company responsible for this activity, including its distribution throughout Indonesia. In terms of kerosene distribution, Pertamina makes an agreement with kerosene agents known as the "Agreement Appointment of Kerosene Agents". This agreement regulates various aspects of sales and mechanisms for channeling kerosene for the community.

Background

The government's decision to appoint Pertamina as the company responsible for oil and gas management is based on the company's experience and expertise in the field. Pertamina has been responsible for the distribution of kerosene throughout Indonesia, including in the Aceh Province. The kerosene agency contract between Pertamina and kerosene agents is a crucial aspect of this distribution, as it regulates the responsibilities of both parties and provides legal protection for them.

Methodology

This study uses an analytical descriptive method with a normative juridical approach to analyze the kerosene agency contract in Pertamina Aceh Province. The study aims to examine the responsibilities of both parties in the contract, the legal protection given to them, and the efforts to resolve disputes that may arise.

Responsibilities of Both Parties

The kerosene agency contract between Pertamina and kerosene agents is a binding agreement that regulates various aspects of sales and mechanisms for channeling kerosene for the community. Both parties have specific responsibilities that they must fulfill in accordance with the agreement.

Pertamina's Responsibilities: Pertamina is responsible for providing kerosene in accordance with the volume listed in the contract and conducting supervision and control of its distribution. Pertamina must also ensure that the kerosene is delivered to the kerosene agents in a timely manner.
Kerosene Agents' Responsibilities: The kerosene agent is responsible for fulfilling the provisions of the agreement and ensuring that subsidized kerosene is channeled to the community. The kerosene agent must also ensure that the kerosene is sold at the subsidized price and that the sales are recorded accurately.

Legal Protection

The kerosene agency contract between Pertamina and kerosene agents provides legal protection for both parties. However, the legal protection given to Pertamina is stronger compared to the kerosene agents.

Pertamina's Legal Protection: Pertamina has a stronger legal position compared to the kerosene agents. This is because Pertamina has the ability to control the agent and ensure that the agreement is fulfilled.
Kerosene Agents' Legal Protection: The kerosene agents have a weaker bargaining position compared to Pertamina. This is because the kerosene agents are dependent on Pertamina for the supply of kerosene and are therefore vulnerable to Pertamina's actions.

Dispute Resolution

Disputes that may arise between Pertamina and kerosene agents are regulated in the agreement. The agreement provides for a dispute resolution mechanism that involves deliberations with a certain period of time. If the dispute is not resolved through deliberations, it will be resolved through the court.

Recommendations

Based on the findings of this study, several recommendations are made to improve the kerosene agency contract between Pertamina and kerosene agents.

Importance of Official Agreement: Both parties are recommended to make agreements for the appointment of kerosene agents in the form of authentic deeds through the authorized official.
Avoiding Harmful Clauses: Pertamina needs to avoid the inclusion of clauses that burden agents to provide better legal protection for agents.
Settlement of Non-Litigation Disputes: Although the agreement contains a settlement clause through the court, it is also necessary to include the dispute resolution option through non-litigation institutions such as mediation and negotiations to avoid prolonged disputes.

Conclusion

The kerosene contract between Pertamina and kerosene agents has significant legal implications, especially regarding the responsibilities and legal protection of both parties. It is essential for both parties to understand the contents of the agreement and the dispute resolution mechanism listed in it to avoid the potential for conflict and ensure the smooth distribution of subsidized kerosene to the community.

Limitations of the Study

This study has several limitations that should be noted.

Scope of the Study: The study only examines the kerosene agency contract between Pertamina and kerosene agents in the Aceh Province.
Methodology: The study uses an analytical descriptive method with a normative juridical approach, which may limit the generalizability of the findings.
Data Collection: The study relies on secondary data, which may not be comprehensive or up-to-date.

Future Research Directions

Several future research directions are suggested based on the findings of this study.

Examination of Other Kerosene Agency Contracts: The study only examines the kerosene agency contract between Pertamina and kerosene agents in the Aceh Province. Future research could examine other kerosene agency contracts in different provinces.
Comparison of Kerosene Agency Contracts: Future research could compare the kerosene agency contracts between Pertamina and kerosene agents in different provinces to identify similarities and differences.
Development of a Model for Kerosene Agency Contracts: Future research could develop a model for kerosene agency contracts that takes into account the responsibilities and legal protection of both parties.
Frequently Asked Questions (FAQs) about Juridical Analysis of Kerosene Agency Contracts in Pertamina in Aceh Province =============================================================================================

Q: What is the purpose of the kerosene agency contract between Pertamina and kerosene agents?

A: The purpose of the kerosene agency contract between Pertamina and kerosene agents is to regulate the distribution of kerosene in the Aceh Province. The contract outlines the responsibilities of both parties and provides legal protection for them.

Q: What are the responsibilities of Pertamina in the kerosene agency contract?

A: Pertamina is responsible for providing kerosene in accordance with the volume listed in the contract and conducting supervision and control of its distribution. Pertamina must also ensure that the kerosene is delivered to the kerosene agents in a timely manner.

Q: What are the responsibilities of kerosene agents in the kerosene agency contract?

A: The kerosene agent is responsible for fulfilling the provisions of the agreement and ensuring that subsidized kerosene is channeled to the community. The kerosene agent must also ensure that the kerosene is sold at the subsidized price and that the sales are recorded accurately.

Q: What is the legal protection given to Pertamina in the kerosene agency contract?

A: Pertamina has a stronger legal position compared to the kerosene agents. This is because Pertamina has the ability to control the agent and ensure that the agreement is fulfilled.

Q: What is the legal protection given to kerosene agents in the kerosene agency contract?

A: The kerosene agents have a weaker bargaining position compared to Pertamina. This is because the kerosene agents are dependent on Pertamina for the supply of kerosene and are therefore vulnerable to Pertamina's actions.

Q: How are disputes resolved in the kerosene agency contract?

A: Disputes that may arise between Pertamina and kerosene agents are regulated in the agreement. The agreement provides for a dispute resolution mechanism that involves deliberations with a certain period of time. If the dispute is not resolved through deliberations, it will be resolved through the court.

Q: What are the recommendations for improving the kerosene agency contract?

A: Several recommendations are made to improve the kerosene agency contract between Pertamina and kerosene agents. These include:

Importance of Official Agreement: Both parties are recommended to make agreements for the appointment of kerosene agents in the form of authentic deeds through the authorized official.
Avoiding Harmful Clauses: Pertamina needs to avoid the inclusion of clauses that burden agents to provide better legal protection for agents.
Settlement of Non-Litigation Disputes: Although the agreement contains a settlement clause through the court, it is also necessary to include the dispute resolution option through non-litigation institutions such as mediation and negotiations to avoid prolonged disputes.

Q: What are the limitations of the study?

A: The study has several limitations that should be noted. These include:

Scope of the Study: The study only examines the kerosene agency contract between Pertamina and kerosene agents in the Aceh Province.
Methodology: The study uses an analytical descriptive method with a normative juridical approach, which may limit the generalizability of the findings.
Data Collection: The study relies on secondary data, which may not be comprehensive or up-to-date.

Q: What are the future research directions?

A: Several future research directions are suggested based on the findings of this study. These include:

Examination of Other Kerosene Agency Contracts: The study only examines the kerosene agency contract between Pertamina and kerosene agents in the Aceh Province. Future research could examine other kerosene agency contracts in different provinces.
Comparison of Kerosene Agency Contracts: Future research could compare the kerosene agency contracts between Pertamina and kerosene agents in different provinces to identify similarities and differences.
Development of a Model for Kerosene Agency Contracts: Future research could develop a model for kerosene agency contracts that takes into account the responsibilities and legal protection of both parties.