Analisis Yuridis Wanprestasi dalam Perjanjian Jual Beli Atas Harga yang Telah Disepakati Bersama (Studi Putusan Mahkamah Agung No.602 K/Pdt/2020)

Abstract

For the validity of a contract specified in Article 1320 of the Civil Code, four requirements are needed: agreement between two parties, ability to make it, specific case, and a halal cause since a contract is made as the legal understanding. The agreement is expected to be able to run normally; but, in practice, in a certain condition, the change in performance does not run well which often causes default as in the case of the Supreme Court Ruling No. 602 K/Pdt/2020. The research uses juridical normative approach. The data are secondary data, obtained from primary, secondary, and tertiary legal materials. They are gathered by conducting library research and analyzed qualitatively to get descriptive research result. The result of the research shows that the purchasing agreement in which the payment is done by installment/credit does not specify the term for redemption in the APJB (Purchase Contract Deed). The research problems are as follows: how about the legal consequence of a APJB which does not specify the term for redemption and how about the legal protection for the harmed party caused by default. Judges' decision in the Ruling No. 602K/Pdt/2020 does not consider juridical factors such as the requirement for the validity of a contract specified in Article 1320 and Article 1338 of the Civil Code. All valid contracts are laws for the related parties, contrary to the principle of evidence on the APJB made before a Notary and contrary to the principle of legal certainty (Pacta Sunt Servenda). A Purchase Contract which does not specify the term of redemption can cause legal uncertainty which potentially brings about a conflict. One of the legal principles of a contract is the principle of legal protection for the related parties, especially the harmed party who can do revocation, revocation plus compensation, and compensation. It is recommended that the parties who make a contract or agreement fulfill the articles and the content of the contract. A contract can be revoked based on the agreement of both parties who have made it. Actually, a contract should be made based on good faith.