Analisis Hukum Kontrak Atas Terjadinya Wanprestasi dalam Pelaksanaan Surat Perintah Kerja (SPK) antara Rumah Sakit Umum Haji Adam Malik Medan dengan PT. Mitsubishi Jaya Elevator and Escalator (MJEE)

Abstract

Contract is an agreement between one or more parties; it is also an event when a person makes a promise with one or more people in a certain case. The contract between RSUP H. Adam Malik, Medan and PT. Mitsubishi Jaya Elevator And Escalator (MJEE) is about elevator and escalator maintenance specified in a work contract, Work Order Letter (SPK) which is a letter used to instruct a person to do a certain job. It is also called a Work Contract Letter. The principal things which have been agreed are specified in that letter with expectation that everything will run accordingly. The type of research used in this research is normative juridical. The nature of this research is descriptive analysis. Data sources of this research consist of primary and secondary data sources. The data techniques and tools used are literature study and interviews. Data analysis conducted by qualitative analysis research method. In the work order, the main things that have been agreed upon are regulated and it is expected that everything that has been agreed upon can run normally, but in practice, under certain conditions, the exchange of achievements does not always go as it should, so that an event called default arises. Default is "the implementation of an agreement that is not on time or is not carried out according to the appropriate or is not carried out at all". The default committed by RSUP H. Adam Malik Medan is a default in doing what it promised but late. The RSUP H. Adam Malik Medan did not make payments according to the time specified in the work order so that this was considered detrimental to the second party. In the event that an act of default has occurred, the injured party needs to get legal protection, namely repressive legal protection (settlement) and as an effort to resolve the default is by out of court (non-litigation), namely by negotiating between the two parties through deliberation.