Dr. Ahmad Redi.,S.H.,M.H.
Abstract
Article
169 letter b of Act Number 4 of 2009 on Mineral and Coal Mining regulates that
the stipulation mentioned in work contract (KK) and coal mining undertaking
work agreement (PKP2B) shall be adjusted 1 (one) year at the latest since this
Act is promulgated except concerning state revenue. Instruction for adjustment
of KK/PKP2B article is not automatically can be implemented in view of there is
opinion differences between the Government and mining company as the party to
implement KK/PKP2B. Mining company is of the opinion that KK/PKP2B has pacta
sunt servanda principle that must be recognized by the parties that has to be
respected. Therefore, if either party does not want to carry out contract
adjustment, then KK/PKP2B adjustment cannot be forced. This very differences in
opinion that becomes the basis for intention to renegotiate KK/PKP2B between
the Government and mining company which becomes the party in the contract,
consequently effort is needed to find solution on the implementation of
instruction of the contract/agreement in Article 169 letter b of Act No. 4 of
2009 on Mineral and Coal Mining with the intention of the coal mining. This
article will discuss in critical-analytical manner on legal aspect of
renegotiation with the validity of pacta sunt servanda in KK/PKP2B in
Indonesia.
Keyword:
renegotiation, contract/agreement, pacta sunt servanda.
