Wanprestasi dalam Perjanjian Pemberian Success Fee pada Jasa Advokat (Studi Pada Putusan Nomor 19/Pdt.G/2023/PN. Banda Aceh.)

Abstract

An advocate must be responsible for fulfilling their duties and obligations as agreed upon. Likewise, the client is also expected to meet their obligations. However, in practice, a client may fail to pay the agreed-upon fees even though the advocate has fully performed their duties and obligations. Therefore, advocates are entitled to file a lawsuit for breach of contract. The objectives of this thesis are: to identify the forms and criteria of breach of contract (wanprestasi) that occur in Success fee agreements in legal services provided by advocates, to determine the legal consequences of breach of contract in Success fee agreements on the parties involved, and to analyze the judicial considerations regarding breach of contract in Success fee agreements for legas services based on Decision Number 19/Pdt.G/2023/Pn. Banda Aceh. The method used in writing this thesis is the normative juridical research method, which is a method that refers to legal norms carried out by means of literature studies in order to obtain secondary data in the form of primary, secondary, and tertiary legal materials related to the problem under study, this research has a descriptive nature. The results obtained from this legal research indicate that the Panel of Judges carefully assessed the validity of the legal relationship between the Plaintiff and Defendant I based on the Legal Advocacy Services Agreement Number: 08/Pdt/KA.P/VIII/2018, and the less clear legal relationship with Defendant II based on the Legal Assistance Agreement Number 09/Pdt/KA.P/VIII/2018. The Court affirmed that Defendant I committed a breach of contract by failing to pay the agreed Success fee, while the legal relationship with Defendant II was not recognized because the agreement did not meet the requirements for a valid contract. This decision underscores the importance of adhering to contracts and imposes penalties for delays to ensure that contractual obligations are fulfilled in a timely manner. It also demonstrates that the court supports the fair enforcement of contracts in accordance with the principle of pacta sunt servanda..