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All Journal Journal Indonesia Law and Policy Review (JILPR) Jurnal Mitra Pengabdian Farmasi
Miftahul Haq
Universitas Lancang Kuning, Pekanbaru, Indonesia
Humanities Environmental Science Health Professions Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Public Health Social Sciences

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UNILATERAL CANCELLATION OF AGREEMENT IN A BUSINESS CONTRACT Irenda Destian; Miftahul Haq; Yelia Nathassa Winstar
JILPR Journal Indonesia Law and Policy Review Vol. 7 No. 2 (2026): Journal Indonesia Law and Policy Review (JILPR), February 2026
Publisher : International Peneliti Ekonomi, Sosial dan Teknologi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56371/jirpl.v7i2.751

Abstract

The purpose of this research is to analyze unilateral cancellation of agreements in business contracts and to analyze the legal consequences of unilateral cancellation of agreements in business contracts. The method used is normative legal research. Based on the research results, it is known that unilateral cancellation of agreements in business contracts is, in principle, not permitted if it is carried out without the consent of the other party or without a valid legal basis. Based on Article 1338 of the Civil Code, every legally made agreement binds the parties as law. Therefore, contract cancellation must be based on the agreement of the parties, the existence of a breach of contract, force majeure, or a court decision. Supreme Court Jurisprudence Number 4/Yur/Pdt/2018, derived from Supreme Court Decision Number 1051 K/Pdt/2014, also confirms that unilaterally canceling an agreement without legal basis is unlawful. The legal consequences of unilateral cancellation of an agreement in a business contract are that the party canceling the agreement can be declared in default and obligated to pay compensation in accordance with the provisions of the Civil Code. Furthermore, the injured party has the right to file a lawsuit to demand cancellation of the contract, fulfillment of performance, or compensation. Unilateral cancellation also reduces legal certainty and trust in business relationships, so contract implementation must always be based on the principles of good faith, legal certainty, and balance between the parties.
Penyuluhan Hukum Mengenai Hak-Hak Tenaga Kerja Kontrak Kepada Anggota Konfederasi Serikat Buruh Sejahtera Indonesia (K-SBSI) Provinsi Riau Suhendro; Miftahul Haq; Andrew Shandy Utama
Jurnal Mitra Pengabdian Farmasi Vol. 1 No. 1 (2021): Oktober 2021
Publisher : Akademi Farmasi YPPM Mandiri

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Abstract

The problem of partners in this community service activity is the lack of knowledge of members of Confederation of Prosperous Trade Union of Indonesia of Riau Province on protection of contract labor rights based on Law Number 13 of 2003 about Employment. The solutions offered in the public service activities are the improvement of K-SBSI members' knowledge of Riau province on the protection of the rights of labor contracts based on Law Number 13 of 2003 about Employment. The method of implementation of community service activities is by using lecture, dialogue, and discussion methods in order to provide legal counseling to partners. Participation of partners in community service activities is to provide time, provide a place with other supporting facilities, and present the community as participants of legal counseling. Output targets of community service activities are the publication of scientific articles in legal journals. The conclusion is that the community service has been successfully implemented and the benefits can be felt directly by the participants, which is to increase the knowledge of K-SBSI members of Riau Province regarding the protection of contract labor rights based on Law Number 13 of 2003 about Employment. This can be seen from the answers of the participants in the questionnaire given after the implementation of the activity. Of the 16 participants, 87.5% said they understood it.
Co-Authors Andrew Shandy Utama Irenda Destian Suhendro Yelia Nathassa Winstar