Wanprestasi dalam Perjanjian Kerja Sama Penyediaan Obat (Studi di UPT RSUD Drs H Amri Tambunan)

Abstract

This research discusses the issue of breach of contract in the implementation of a cooperation agreement for the supply of medicines between the Regional Public Hospital Unit UPT. RSUD. Drs. H. Amri Tambunan and PT. Kimia Farma Trading & Distribution. The cooperation agreement is a legal relationship that governs the mutual rights and obligations of the parties involved, particularly in the procurement of goods or services. In practice, however, the implementation of such agreements does not always proceed as agreed upon. Issues such as delayed deliveries and discrepancies in the quantity of drugs supplied often arise. This research focuses on the implementation of the agreement, the fulfillment of the parties' respective rights and obligations, the forms of breach that occur, and the efforts made to resolve them. The purpose of this study is to analyze the application of contract law in drug supply cooperation and to provide recommendations for both hospitals and suppliers to improve the effectiveness of future partnerships. The research adopts a normative juridical approach supported by empirical data, using literature review and interviews with relevant stakeholders. The research adopts a normative juridical approach supported by empirical data, obtained through literature review and interviews with relevant stakeholders. The findings reveal that breaches of contract occurred in the form of delayed delivery of medicines and discrepancies in the quantity of goods supplied by the provider. These issues have the potential to disrupt healthcare services and cause financial losses to the hospital. Although dispute resolution is generally pursued through non-litigation mechanisms, this study highlights the need for stronger contractual clauses to ensure legal certainty and adequate protection for the aggrieved party. This research is expected to serve as a legal reference for hospitals, pharmaceutical suppliers, and the general public in understanding the importance of legal certainty in medicine procurement contracts and the fair and proportional resolution of contractual breaches