Tinjauan hukum terhadap proses penyelesaian sengketa wanprestasi proses penyelesaian sengketa wanprestasi jual beli tanah di Jakarta Selatan (studi kasus putusan nomor 2083/K/Pdt/2014)

Soebiyantoro, Cornelius Rico (2020) Tinjauan hukum terhadap proses penyelesaian sengketa wanprestasi proses penyelesaian sengketa wanprestasi jual beli tanah di Jakarta Selatan (studi kasus putusan nomor 2083/K/Pdt/2014). Bachelor thesis, Universitas Pelita Harapan.

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Abstract

According to the Indonesian Civil Code Article 1243, Breach of Contract is the act to give something, to do something, or not to do something. Breach of Contract is neglect or negligent of a person’s behavior not to fulfil a promise. In the case study of the Supreme Courts Decree No. 2083/K/PDT/2014, there is a problem with the sales and purchase agreement that was made between the Buyer and Seller because there was no date to fulfil the agreement, causing the Buyer to not finish her the payment and the Seller to bring the case into the District Court to settle the case. However, the case was finished in the Supreme Court in order to prove there is a breach of contract and bad faith that the Buyer did. This research answers to two research questions; first, the Legal Protection to those mistreated if breach of contract happens in the sales and purchase agreement; second, Dispute Settlement in the breach of contract in Jakarta Selatan with Case Study No. 2083/K/Pdt/2014 in accordance with the laws and regulation in Indonesia currently. The author did his research to answer the research question through normative juridical research using secondary data, which collect through books, laws and regulations, internet research and an interview with a notary. Based on his research, it can be concluded that through the Civil Code, the party that was mistreated needs to give warning so the other party can fulfil their part of the agreement and if they don’t then the injured party can file a lawsuit.

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