PERJANJIAN PERDAMAIAN SEBAGAI INSTRUMEN PENYELESAIAN SENGKETA UTANG ANTAR PERUSAHAAN DITINJAU DARI TEORI KEDAULATAN JOHN AUSTIN: STUDI KASUS PUTUSAN PERJANJIAN PERDAMAIAN NOMOR 1514/PDT.G/2025/PN TNG.

Abstract

This study analyzes the role of settlement agreements (perjanjian perdamaian) as an instrument for resolving inter-company debt disputes, viewed through the perspective of John Austin’s theory of sovereignty. The research is based on a case study of Decision Number 1514/Pdt.G/2025/PN Tng, which reflects the practical application of peace agreements within civil dispute resolution in Indonesia. Using a normative juridical method combined with a case approach, this study examines relevant legal provisions, doctrines, and court decisions to understand the legal standing and enforceability of settlement agreements. In the context of Austin’s sovereignty theory, law is understood as a command issued by a sovereign authority and supported by sanctions. Therefore, a settlement agreement gains its binding force not only from the mutual consent of the parties but also from its recognition and enforceability within the legal system. The findings indicate that settlement agreements function as an effective and efficient mechanism for resolving debt disputes between companies, as they prioritize consensual resolution and reduce the need for prolonged litigation. However, their effectiveness is closely linked to the extent to which such agreements are acknowledged and enforceable under formal legal authority. In the analyzed case, the court’s role in legitimizing the agreement reinforces its binding nature, thereby aligning private agreements with the framework of sovereign legal authority. This study concludes that the integration of private dispute resolution mechanisms with state authority is essential to ensure legal certainty, justice, and enforceability. Consequently, settlement agreements can serve as a strategic legal instrument, provided they are supported by institutional recognition and compliance with applicable legal norms.