| Summary: | The purpose of this research is to investigate and seek answers of the problems related
to the implementation of the rights and obligations of the parties in the finance agreement
for profit sharing scheme with dependent rights guarantee and the implementation of the
confiscation execution of dependent rights to resolve the breach of contract in the finance
agreement for profit sharing scheme in the State Court of Samarinda.
The research of �Finance Agreement for Profit Sharing Scheme with Dependent
Rights Guarantee in the State Court of Samarinda (Case Study Number:
09/Pdt.Eks/2009/PN.Smda)� is a juridical empirical research, prioritizing the field
research to obtain the primary data. Next to complement the data then do the library
research, it research that is done by researching library materials or documents in order to
obtain secondary data.
Based on the results of this research, there are several obligations of the parties which
have been fulfilled and have not been fulfilled. Obligations that have been fulfilled for
example obligations for the SKV Company in terms of providing the finance facility have
been implemented. While the obligation for the Investee Company in terms to avouch the
provisioning costs 1,00%, administrative costs for the SKV Company, management fees,
taxes, stamp duties, Notary fees, bank charges, and obligations in providing guarantee
everything have been fulfilled, but obligation to pay the principal repayment installment of
the finance facility and profit sharing for each month with timely did not perform well. By
the occurrence of such default, so SKV Company ask the Chairman of the State Court to
make a determination that it ordered the Registrar or Bailiff to implement the confiscation
execution of dependent rights which is has been guaranted. The confiscation execution
carried out in several stages, namely: SKV Company filed the confiscation execution to
the Chairman of the State Court of Samarinda
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