CRITISM OF THE LEGAL PRINCIPLE OF PACTA SUNT SERVANDA IN THE CLAUSE OF THE OIL AND GAS COOPERATION CONTRACT AS AN INTERNATIONAL CONTRACT LAW LITERACY WITH A POSITIVE AND SHARIA LEGAL PERSPECTIVE
Keywords:Legal Principles, Pacta Sunt Servanda, Oil and Gas PSC Clauses, International Contracts Law, Sharia
This legal research aims to find the principle of the comparison between the legal principles of Pacta Sunt Servanda contained in the clauses of the oil and gas mining cooperation contract with the principles of international contract law with positive and sharia legal perspectives. The problem of this legal research regarding the legal position of the oil and gas mining cooperation contract from changes in the mining business contract system, if viewed from the Contract Law actually raises implications, but the extent of the implications itself must be understood from the point of view of the provisions on the contract rules themselves in the context of fulfilling the rights and obligations imposed by the company. stated in the consideration of international contract law; and the binding nature or strength of binding clauses in oil and gas mining contracts due to the denial of obligations in the agreed clauses (breaking promises or defaults) from a positive and sharia legal perspective.
The research method used is prescriptive normative law. The peculiarity of this research is to seek the truth of coherence. This study uses a statutory approach, a conceptual approach, a comparative theory approach that the author uses, namely the theory of A. Pitlow and Asse-Rutten, Karla C. Shippey. The technique of collecting legal materials is library research. Technical analysis of legal materials uses deductive analysis, which is drawing conclusions from general matters to the concrete problems faced.
The findings from the results of this legal research are the principle of absolute equity in the Esensialia & Naturalia clause at the Contractual stage. The comparison of the two contract law systems is based on the degree of binding strength of the contract, so national law is the main source of law rather than other sources of law, although it is not absolute because in certain cases one or another source of law can be the main legal choice for the parties in drafting a contract.