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KKM
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| Judul | : |
TINJAUAN YURIDIS WANPRESTASI ATAS PERBUATAN MENAIKAN
HARGA PENJUALAN SECARA SEPIHAK DALAM PERJANJIAN JUAL BELI TANAH (Studi Putusan Nomor: 394/Pdt.G/2023/PN Jkt.Utr)
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| Subjek | : |
Contracts
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| Pengarang | : |
Adi Luqman
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| Pembimbing | : |
Nur Wakhid,
Asti Inayah
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| Prodi | : |
ILMU HUKUM
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| Tahun | : |
2024
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| Call Number | : |
346.022 LUQ t
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| Perpustakaan | : |
Fakultas Hukum
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| Letak | : |
1 eksemplar di Koleksi Referensi
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Abstrak :
An agreement creates binding obligations for the parties involved.
However, in practice, there are instances where a party fails to fulfill their
obligations, resulting in a breach of contract. This study employs a normative
juridical approach, which involves investigating and examining the law as
norms, rules, legal principles, legal doctrines, and other literature to address
the legal issues under investigation. The research findings indicate that
unilaterally raising the sale price is interpreted as a unilateral cancellation of
the agreement. Therefore, such actions cannot be considered a breach of
contract but rather an unlawful act. The legal consequence of unilaterally
raising the price is that it violates Article 1338 of the Civil Code and causes
harm. As a result, the act is deemed unlawful, and the defendant must
compensate for the damages incurred by the plaintiff due to their actions. This
event highlights the need for clear regulations defining the boundaries of
actions that constitute a breach of contract or an unlawful act.
Keywords: Unlawful Acts; Breach of Contract; Legal Consequences
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