Reconstruction of The Clauses of The Cooperation Agreement for Non-B3 Industrial Waste Management to Achieve Legal Certainty and Justice for The Parties
Year: 2026
Type: article
Abstract: The transfer of non-hazardous industrial waste to a business partner raises legal issues when the transfer of material control is treated as a transfer of all environmental responsibilities. This study examines the construction of this contractual relationship, identifies points of uncertainty in the drafting of the clauses, and formulates a reconstruction. The study uses normative legal methods with a statutory and conceptual approach. Legal materials are analyzed through systematic interpretation to distinguish mandatory environmental obligations from performance and risk allocation that can be agreed upon. The analysis shows that contractual certainty requires a link between object specifications, division of labor, evidence of implementation, and consequences of violations. The point of delivery can determine the transfer of physical risks according to a valid agreement, but does not automatically relieve certain parties from obligations under statutory regulations. This study offers a K3P framework that links legal certainty, contractual justice, environmental protection, and accountability through the formulation of verifiable obligations. The reconstruction includes verification of classification, material traceability, proportional supervision, handling of non-conformities, and settlement of obligations after termination. The proposed framework and example clauses are the result of prescriptive reasoning; Its effectiveness in reducing disputes still requires testing of contracts and actual management implementation.
Source: Law Development Journal
DOI: 10.30659/gjh15534
Institution: Universitas Pelita Bangsa
Language: English
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: hybrid
OpenAlex ID: W7225796813
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