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VOLUME 06 ISSUE 04 APRIL 2023

Settlement of Defaults in the Implementation of Agreements for the Use of Mapping Services with Drones on Mapping Services Drones Indonesia (MSDI)
1Allycia Wahyuningtiyas Herman,2Johannes Ibrahim Kosasih,3I Made Arjaya
1,2,3Master of Law, Warmadewa University, Denpasar, Bali-Indonesia
DOI : https://doi.org/10.47191/ijmra/v6-i4-05

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ABSTRACT:

In general, natural human needs are divided into two, namely primary needs and secondary needs. Primary needs are absolute basic needs such as clothing, food and shelter. Meanwhile, secondary needs are needs related to creating a prosperous life such as economic needs. One form of welfare life created by humans is technology. Technology is a concept related to the type of use and knowledge of tools and skills. Various business people utilize technology as a business field, one of which is Mapping Services Drone Indonesia (MSDI). MSDI uses drone technology to provide mapping services. In the transaction between business actors and clients, an agreement arises. Therefore, researchers are interested in discussing two formulations, namely: 1) how is the concept of drone agreement standards in providing balance for various parties? 2) How is the default settlement procedure in the implementation of the agreement on the use of mapping services with drones at Mapping Services Drone Indonesia (MSDI)? This research uses normative legal research methods, namely collecting and analyzing secondary data using secondary data sources only, namely books related to the problem, related laws and regulations, related court decisions, legal theories and relevant scholars' doctrines, and case studies related to legal issues. Although this type of research is normative law, this research also uses purposive sampling technique, which is one of the sampling methodologies used in research to achieve research objectives. The purposive sampling technique used in the research is obtained from Mapping Services Drone Indonesia (MSDI). The theories used are the theory of responsibility and the theory of legal protection. Based on the results of the analysis, it can be concluded that the agreement provided by the service provider / MSDI to the service recipient / client has fulfilled the principle of balance, such as the rights and obligations of each party, the payment system, and an explanation of risk sharing. This avoids conflicts of interest or possible risks in the future. In the context of the agreement, default resolution can be done in non-litigation or litigation. However, until now the default settlement can still be resolved in a non-litigation / peaceful manner.

KEYWORDS:

Settlement of Default; Agreement; Drone Mapping Services

REFERENCES



BOOKS
1) Castro-Leon, E. and Harmon, R., 2016. Cloud as a service: Understanding the service innovation ecosystem. Apress.

2) Chesters, G. and Welsh, I., 2006. Complexity and social movements: Multitudes at the edge of chaos. Routledge.

3) Darus, Mariam, 2001, Compilation of Bond Law, PT Citra Aditya Bakti, Bandung.

4) HS, Salim, 2003, Contract Law: Theory and Practice of Contract Drafting, Sinar Grafika, Jakarta.

5) Kosasih, Johannes Ibrahim, 2019, Halal Kausa and the Position of Indonesian in the Law of Treaties, Sinar Grafika, Jakarta.

6) Mak, V., 2009. Performance-oriented remedies in European sale of goods law. Bloomsbury Publishing.

JOURNAL
1) I Putu Esha Wiryana Putra, I Made Arjaya, 2021. Legal Protection of Advocates and Clients in Civil Case Settlement. (Journal of Legal Construction), Vol. 2, No. 3, pp. 4, (https://doi.org/10.22225/jkh.2.3.3668.599-604, accessed on November 22, 2022)

2) Baloloy, A.B., Blanco, A.C., Ana, R.R.C.S. and Nadaoka, K., 2020. Development and application of a new mangrove vegetation index (MVI) for rapid and accurate mangrove mapping. ISPRS Journal of Photogrammetry and Remote Sensing, 166, pp.95-117.

3) Gintis, H., Van Schaik, C. and Boehm, C., 2015. Zoon politikon: The evolutionary origins of human political systems. Current Anthropology, 56(3), pp.327-353.

4) Pradnyasar, Kadek Dwinta, Johannes Ibrahim Kosasih. 2021. Default in Credit Agreements at Village Credit Institutions (LPD) in Bebetin Village, Sawan District, Buleleng Regency. (Journal of Legal Construction), Vol. 2, No. 2, (https://doi.org/10.22225/jkh.2.2.3210.223-227, accessed November 22, 2022)

5) Zulfirman, 2017, Basic Human Rights in Indonesian Contract Law: A Crisis Analysis of Contract Terms, Journal of Legal Research De Jure 17, no. 2, 155- 176.

LEGISLATION
1) Constitution of the Republic of Indonesia Year 1945

2) Civil Code (Burgerlijk Wetboek voor Indonesie)

3) Law No.30 of 1999 Concerning Arbitration and Alternative Dispute Resolution State Gazette of the Republic of Indonesia of 1999 Number 138, Supplement to the State Gazette of the Republic of Indonesia Number 3872

4) Law No.11 of 2019 on the National System of Science and Technology

5) Regulation of the Minister of Transportation of the Republic of Indonesia Number PM 37 of 2020 concerning the Operation of Unmanned Aircraft in the Airspace Served by Indonesia

6) Regulation of the Minister of Transportation of the Republic of Indonesia Number PM 34 of 2021 concerning Civil Aviation Safety Regulations Part 22 concerning Airworthiness Standards for Remotely Piloted Aircraft Systems

7) Regulation of the Minister of Transportation of the Republic of Indonesia Number PM 27 of 2021 concerning Procedures for Supervision and Imposition of Administrative Sanctions for Violations of Legislation in the Aviation Sector.

8) Regulation of the Minister of Transportation of the Republic of Indonesia Number PM 63 of 2021 concerning Civil Aviation Safety Regulations Part 107 concerning Unmanned Small Aircraft Systems

VOLUME 06 ISSUE 04 APRIL 2023

There is an Open Access article, distributed under the term of the Creative Commons Attribution – Non Commercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting and building upon the work for non-commercial use, provided the original work is properly cited.


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