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KKM
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| Judul | : |
TINJAUAN YURIDIS TERHADAP UNSUR WANPRESTASI DALAM PERJANJIAN JUAL BELI JAGUNG PIPIL BERDASARKAN PUTUSAN
NOMOR 3/PDT.G/2023/PN JKT.PST
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| Subjek | : |
Contracts
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| Pengarang | : |
Wahyu Triwiyogo
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| Pembimbing | : |
Nur Wakhid,
Anggitariani Rayi Larasati Siswanta
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| Prodi | : |
ILMU HUKUM
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| Tahun | : |
2025
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| Call Number | : |
346.022 TRI t
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| Perpustakaan | : |
Fakultas Hukum
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| Letak | : |
1 eksemplar di Koleksi Referensi
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Abstrak :
This research is motivated by the issue of a sale and purchase agreement between the
Plaintiff and the Defendant, where the Defendant only partially fulfilled their obligations. The
Plaintiff served a Legal Notice, but the Defendant ignored it. Consequently, the panel of judges
ruled in favor of the Plaintiff, declaring the Defendant in default under Article 1243 of the
Indonesian Civil Code, without considering Article 1238 regarding the Legal Notice. This
research aims to analyze the judges' consideration of the elements of default in the corn sale
and purchase agreement based on the verdict number 3/Pdt.G/2023/PN Jkt.Pst and to
determine the legal consequences.
The research method used is normative juridical with a prescriptive approach. The
types and sources of legal materials used in this study are secondary data, including primary,
secondary, and tertiary legal materials, collected through library research. The data analysis
is conducted using a normative qualitative method.
Based on the research findings and discussion, it can be concluded that, first, the panel
of judges failed to elaborate on the elements of default in declaring the Defendant in default.
However, based on Article 1243 of the Civil Code, the author identified three elements of
default that were fulfilled: the existence of a contract (corn sales); the debtor's Default (partial
fulfillment of obligations); and the debtor's default (Legal Notice from the Plaintiff), which was
ignored. Nevertheless, the judges only considered the substance of compensation for damages
resulting from the non-fulfillment of obligations and did not take into account Article 1238
regarding the Legal Notice. Second, due to the Defendant's Default, the author agrees with the
judges' decision based on Article 1236 of the Civil Code, which states that the Defendant is
obligated to pay compensation in cash to the Plaintiff in the amount of IDR 2,133,670,000 for
the remaining corn not delivered, totaling 502.04 tons, as claimed by the Plaintiff.
KEYWORDS: Sale and Purchase Agreement, Default, Compensation.
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