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All Journal Jurnal Humaniora : Jurnal Ilmu Sosial, Ekonomi dan Hukum
Chika Ariadhita Salzabilla
Singaperbangsa University of Karawang
Humanities Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences

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Wanprestasi dan Akibatnya Dalam Pelaksanaan Perjanjian Baku Chika Ariadhita Salzabilla; Puti Priayana
Jurnal Humaniora : Jurnal Ilmu Sosial, Ekonomi dan Hukum Vol 7, No 1 (2023): April 2023
Publisher : Center for Research and Community Service (LPPM) University of Abulyatama

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30601/humaniora.v7i1.3540

Abstract

Abstract: This research is a normative legal research or a doctrinal legal research which is descriptive in nature, using more than one approach, namely the statute approach, comparative approach and conceptual approach. By emphasizing the deductive method as the main guideline and inductive research as supporting data, this normative analysis mainly uses literature and laws and regulations as a source of research. The results of the study show that the consequences of default in standard agreements include: a. The debtor is obliged to compensate the creditor for losses (article 1234 of the Civil Code). b. If there is a reciprocal relationship. Through a judge, the creditor can request that the agreement be cancelled. (Article 1266 of the Civil Code). c. Since a default occurs, the risk shifts to the debtor in the agreement to give something. (Article 1237 paragraph 2 of the Civil Code). d. If the agreement can still be fulfilled, the debtor must do so, or it can be canceled with compensation. (Article 1267 of the Civil Code). e. If the case is brought to the District Court and the debtor is found guilty, the debtor must pay court fees. This research was conducted only to study defaults and their consequences in the implementation of standard agreements, it is hoped that further research can provide examples of case studies on this matter so that readers can understand more clearly about defaults and the consequences of defaults in the implementation of standard agreements
Co-Authors Puti Priayana