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All Journal Journal of Legal and Cultural Analytics (JLCA)
Subrata, Adi Irama
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Law, Crime, Criminology & Criminal Justice

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Non-Litigatory Dispute Resolution Regarding Medical Device Procurement Contracts by Medical Device Distributors Related to its Implementation that Does Not Conform to the Agreement Subrata, Adi Irama; Marniati, Felicitas Sri; Mulyadi, Mulyadi
Journal of Legal and Cultural Analytics Vol. 4 No. 3 (2025): August 2025
Publisher : PT FORMOSA CENDEKIA GLOBAL

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55927/jlca.v4i3.15351

Abstract

This legal research examines the legal consequences and non-litigation dispute resolution for non-conforming medical device procurement contracts between distributors and buyers in Indonesia. Based on contract law, specifically Articles 1320 and 1338 of the Indonesian Civil Code, it applies Dean G. Pruitt's Dispute Resolution Theory and R. Soeroso's Legal Consequence Theory. Using a normative juridical methodology, the study combines statutory, conceptual, analytical, and case approaches. Data from primary, secondary, and tertiary sources were analyzed grammatically, systematically, and analogically. Findings indicate non-conforming contracts create new obligations, alter relationships due to breaches, and trigger legal sanctions. Disputes can be resolved through problem-solving, yielding mutually beneficial solutions, such as replacing goods to meet agreed quality and quantity.
Co-Authors Marniati, Felicitas Sri Mulyadi Mulyadi