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All Journal JUSTISI Desentralisasi: Jurnal Hukum, Kebijakan Publik, Dan Pemerintahan
Etty Haryati Djukardi
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Law, Crime, Criminology & Criminal Justice Social Sciences

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Analisis Sengketa Wanprestasi dan Ganti Rugi dalam Kontrak Pengadaan Jasa Ditinjau dari Kitab Undang-Undang Hukum Perdata Ladyva Rizqina Dinissa; Susilowati Suparto; Etty Haryati Djukardi
Desentralisasi : Jurnal Hukum, Kebijakan Publik, dan Pemerintahan Vol. 1 No. 4 (2024): Jurnal Hukum, Kebijakan Publik, dan Pemerintahan
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/desentralisasi.v1i4.310

Abstract

Contract law plays a key role in trade and business. Failure to fulfill obligations in an agreement, known as default, can include non-fulfillment, delays, or performing actions not aligned with the agreement. The aggrieved party is entitled to seek compensation for the default. In a service agreement case resolved through arbitration, the Respondent was found to have defaulted. Despite both parties agreeing to all terms and performing the contract without objection, the Respondent was ordered to pay compensation under Article 1248 of the Civil Code, which includes the concept of "fraud." The author aims to analyze how default in service procurement is resolved through arbitration and whether the arbitral panel’s decision to impose compensation is justified according to the Civil Code and the contract. The research employs a normative legal approach, focusing on literature and statutory regulations. The findings show that both parties committed default, yet the arbitral panel only adjudicated the Respondent, as the Claimant was not counter-sued. Moreover, the Respondent's actions cannot be classified as fraud. The compensation imposed by the arbitral panel based on Article 1248 of the Civil Code should be seen as abuse of circumstances, not fraud..
Annulment of Lease Agreements Based on Third-Party Undue Influence under the Indonesian Civil Code Nadine Adika Tifana; Etty Haryati Djukardi; Sherly Ayuna Putri
JUSTISI Vol. 11 No. 3 (2025): JUSTISI
Publisher : Fakultas Hukum Universitas Muhammadiyah Sorong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33506/js.v11i3.4762

Abstract

This study aims to examine the evidentiary process in lease agreement disputes involving undue influence and to analyze the legal protection afforded to lessees under the Indonesian Civil Code. The research gives particular attention to cases where undue influence is not exerted by the contracting parties themselves but by third parties who intervene in the contractual relationship. This study uses a normative legal research method combining conceptual, statutory, and case analysis, complemented by an empirical component through a structured interview with a District Court judge experienced in lease disputes. Decision No. 8/Pdt.G/2022/PN Mdn was purposively selected as the case study because it directly involves annulment of a lease agreement based on third-party undue influence. The novelty of this study lies in its systematic analysis of undue influence exerted by third parties in lease agreements, an aspect rarely examined in Indonesian legal doctrine and not explicitly regulated under positive law. This contribution fills an academic gap while providing a legal-argumentative framework that integrates doctrinal analysis with judicial practice. The results of this study indicate that third-party undue influence introduces an additional evidentiary burden: claimants must prove the lessee’s vulnerable condition, the deliberate intervention of a third party, and a causal link between that intervention and the lessee’s consent. Furthermore, legal protection for good-faith lessees is reinforced by Civil Code provisions, including Articles 1315, 1320–1321, 1338(3), and 1365, as well as supporting jurisprudence that emphasizes fairness and proportionality in assigning liability. This study concludes that undue influence by a third party can constitute a valid legal ground for annulment of lease agreements and that lessees acting in good faith must be shielded from disproportionate liability. The findings reinforce the judiciary’s duty to uphold substantive justice and provide guidance for courts, policymakers, and contracting parties in safeguarding fairness within Indonesian contract law.
Co-Authors Ladyva Rizqina Dinissa Nadine Adika Tifana Sherly Ayuna Putri Susilowati Suparto