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All Journal Jurnal Yustitia Enrichment: Journal of Multidisciplinary Research and Development
Aditya, febri
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Humanities Economics, Econometrics & Finance Engineering Health Professions Law, Crime, Criminology & Criminal Justice Social Sciences

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AKIBAT WANPRESTASI DAN OVERMACHT MENURUT KUHPERDATA: (ANALISIS PUTUSAN PENGADILAN NEGERI MAMUJU NOMOR 28/PDT.G.S/2019/PN.MAM TAHUN 2019) Aditya, Febri; Azzahra, Atiqah Amalya; Jaitun, Almas; Santoso, Aji; Oktarina, Vivin Ermia Sarinari Yopan
Yustitia Vol. 11 No. 1 (2025): Yustitia
Publisher : Universitas Wiralodra

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31943/yustitia.v11i1.283

Abstract

An agreement can be implemented well if the parties have fulfilled their respective achievements as agreed without any party being harmed. However, there are times when the agreement is not implemented properly because of a default by one of the parties or the debtor. Default is a term that refers to non-fulfillment of achievements by the debtor. The occurrence of a default results in the loss of the other party (the opponent of the party in default). In Article 1234 of the Civil Code, because there is a loss by another party, the party who has committed the default must bear the consequences of the opposing party's demands, which can be in the form of: cancellation, agreement. cancellation of the agreement accompanied by a claim for compensation, fulfillment of the agreement and fulfillment of the agreement accompanied by a claim for compensation. Meanwhile, overmacht or force majeure is a situation caused by things that are completely unpredictable by the debtor, resulting in non-fulfillment of achievements. In Article 1245 of the Civil Code, if the debtor is unable to fulfill his obligations due to compelling circumstances, the debtor is not required to bear the burden of the loss.
Risk Mitigation Analysis in the Construction of Dormitories for Students of Riyadlus Sholihin Islamic Boarding School, Probolinggo City Aditya, Febri; Witjaksana, Budi; Sajiyo, Sajiyo
Enrichment: Journal of Multidisciplinary Research and Development Vol. 3 No. 4 (2025): Enrichment: Journal of Multidisciplinary Research and Development
Publisher : International Journal Labs

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55324/enrichment.v3i4.454

Abstract

The implementation of construction projects often faces various risks that can lead to delays, cost overruns, and decreased quality of work. One example occurred in the project to build a dormitory for students of the Riyadlus Sholihin Islamic Boarding School in Probolinggo City, which experienced a time deviation despite acceleration efforts. This shows the importance of implementing systematic risk management to identify and address potential risks from the beginning of project implementation. This study uses a descriptive quantitative approach through the dissemination of questionnaires and interviews to related parties in the project. The analysis was carried out using the Severity Index method to calculate the level of probability and impact of each risk, as well as the probability and impact matrix to determine the level of risk significance. The dominant risk is then further analyzed to determine mitigation actions. The results of the study showed five risks with a "Very High" level, namely the preparation of the wrong work method, poor coordination between parts, the accuracy of completing work within a certain duration, poor planning and scheduling, and low labor productivity. Mitigation strategies are developed to reduce the impact of these risks, including through training, improved communication, the use of planning software, and strengthening the monitoring system. This research makes a real contribution to the risk management of construction projects in a more effective and structured manner.
Co-Authors Aji Santoso Azzahra, Atiqah Amalya Budi Witjaksana, Budi Jaitun, Almas Oktarina, Vivin Ermia Sarinari Yopan Sajiyo Sajiyo, Sajiyo