Tinjauan yuridis terhadap pembayaran ganti rugi akibat wanprestasi yang dikarenakan force majeure = A Juridical review of the compensation payments due to default due to force majeure

Prastya, Tegar (2017) Tinjauan yuridis terhadap pembayaran ganti rugi akibat wanprestasi yang dikarenakan force majeure = A Juridical review of the compensation payments due to default due to force majeure. Bachelor thesis, Universitas Pelita Harapan.

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Abstract

In the world of entertainment is certainly needed for everyone to eliminate fatigue, currently in organizing a performance of dance, painting, art and music of the owner of the show no longer work alone in the success of the show, but using the services of EO (Event Organizer). Eo entered into a contractual agreement with the artist management in the event of a service provider to fill an event. In the contract agreement, there is a obligation that must be fulfilled from each of the parties, the contract of engagement, the engagement can be formulated as a legal relationship between two parties, On the one hand there is a right and on the other there is a duty. Agreement or toestemming is important in a treaty, an agreement must be freely given, no coercion, deception or error. In accordance with Article 1234 of the Civil Code, with the agreement that has been made it will be a law for the parties that make it. Not a problem when the debtor violates agreements that have been agreed with the creditor, thus causing legal consequences for both. This is called Wanprestasi. If things don't meet an achievement due to natural disasters, riots, volcanic eruptions can free the debtor from his duty called "Force Majeure". Therefore it is necessary to investigate the effect of law in case of Wanprestasi caused by "Circumstances force". In the case of Decision No. 05 / Pdt.G / 2012 / PN.Bgr. The authors use the normative approach. In relation to the case of wanprestasi performed by the singer of the capital's singer against the promoter of the event due to his father who is critically ill and coma causing speculation whether his father is critically ill and coma including into a state of coercion or not. This becomes interesting for the authors to discuss more deeply about the compensation caused by Wanprestasi and Force Majeure.

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