PENYELESAIAN PERSELISIHAN PERJANJIAN JUAL BELI TENAGA LISTRIK (POWER PURCHASE AGREEMENT) PEMBANGKIT IPP MELALUI INTERNATIONAL CHAMBERS OF COMMERCE (ICC)

Abstrak

Dispute is a perception of differences in interests or a belief that the aspirations of the conflicting parties cannot be achieved simultaneously. In several cases of IPP power purchase agreements, disputes were found, especially when entering the handover phase and disputes in interpreting the requirements that must be met for the payment process from PLN to the IPP Company. The case study conducted in this writing is a dispute resolution scheme outlined in the power purchase agreement for the Poso Hydroelectric Power Plant between PLN and PT Poso Energy. Through a qualitative method approach and a dispute resolution theory approach to the case study raised, it was concluded that in the Poso Hydroelectric Power Plant sale and purchase agreement between PLN and PT Poso Energy it was agreed that if a dispute occurs, the first step taken is to request a referral to an expert appointed by the International Chambers of Commerce, where the dispute resolution mechanism regulated in the agreement has a tendency to resolve disputes with problem solving, namely seeking alternatives that can satisfy both parties. Dispute resolution by experts through the International Chambers of Commerce is one of the alternative dispute resolutions outside of dispute resolution through the court process, which in principle dispute resolution through expert referral can be categorized as a dispute resolution that prioritizes the win-win principle for the disputing parties