Abstrak :
This research was motivated by the problem of the scholarship agreement
with the condition of the service bond between the plaintiff and the defendant.
Service bonding is an agreement program carried out by an institution and its
students. The material agreed in the official bond agreement, in general, is
compensation or payment of compensation (a certain amount of value) if the
scholarship recipient defaults. This service bond agreement must meet the
requirements for the validity of the agreement according to Article 1320 of the Civil
Code. The purpose of this study to analyze the actions of scholarship recipients can
be said to be in default and due to default in Semarang City District Court Decision
Number 100 / Pdt.G / 2020 / PN Smg. The research method used is normative
juridical, with analytical descriptive research specifications. The types and sources
of legal materials contained in this study come from secondary data, namely
primary, secondary, and tertiary legal materials with literature study data
collection methods.
Based on the results of the analysis, it can be concluded that first, the
defendant's actions are acts of default, namely acts or attitudes that do not fulfill
the obligations of the engagement as they should and there is an element of
wrongdoing to them. The defendant was found guilty of ignoring the negligent
statement/subpoena. This is in accordance with Article 1238 of the Civil Code.
Second, the legal consequence of the default decision on the scholarship agreement
in case number 100/Pdt.G/2020/PN Smg is that the defendant is charged with
compensation of Rp.252,195,000,-. This is in accordance with Article 1249 which
provides an exception, namely unless between the parties there has been an
agreement on the amount of compensation to be paid in the event of a debtor
default.
Keyword : Service Ties, Agreement, Default
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