Griselda Vaustine
Universitas Tarumanagara

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Mekanisme Penyelesaian Sengketa Wanprestasi dalam Hukum Perdata Indonesia Griselda Vaustine; Marina; Puja Ayu Purwanti
Jurnal Hukum Lex Generalis Vol 5 No 4 (2024): Tema Hukum Perdata
Publisher : CV Rewang Rencang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56370/jhlg.v5i4.1371

Abstract

Breach of contract disputes is one of the problems that often occurs in civil legal relations, especially in agreements. Breach of contract occurs when one party to the agreement does not fulfill its obligations as agreed. This study aims to analyze the mechanism for resolving breach of contract disputes from the perspective of Indonesian civil law. The research method used is normative juridical, with an approach through literature studies of relevant laws and regulations, doctrines, and court decisions. The results of the study indicate that the resolution of breach of contract disputes can be carried out through two channels, namely litigation (court) and non-litigation (alternative dispute resolution), such as mediation, arbitration, or negotiation. The choice of settlement mechanism is highly dependent on the agreement of the parties, time effectiveness, costs, and confidentiality. In practice, although the court is still the main choice, the use of non-litigation mechanisms is increasing because it is considered more efficient and flexible. This study is expected to contribute to the development of civil dispute resolution practices in Indonesia.