Justicia Insight
Vol. 1 No. 2 (2025): Justicia Insight, May 2025

A Juridical Review of Breach of Contract in Commercial Cooperation Agreements in Indonesia

Kadafi, Alsa Ahmad (Unknown)
Hastuti, Rina (Unknown)
Iqbal, Mohammad (Unknown)



Article Info

Publish Date
29 May 2025

Abstract

Trade cooperation agreements are essential legal instruments in the Indonesian business landscape, as they regulate the rights and obligations of the involved parties. However, in practice, breaches of contract or wanprestasi frequently occur, resulting in losses for one of the parties. This study aims to analyze the legal perspective on wanprestasi in trade cooperation agreements, including its forms, causes, and available legal remedies. The research employs a normative juridical method with a statutory and case study approach. The findings indicate that wanprestasi may take the form of failure to perform, delay, improper performance, or total non-performance. Legally, the aggrieved party may pursue compensation, contract cancellation, performance enforcement, or a combination thereof, as stipulated in Articles 1243 to 1252 of the Indonesian Civil Code. To minimize the risk of wanprestasi, it is recommended that parties formulate clear and detailed agreements with dispute resolution clauses. Effective enforcement of civil law is also essential to ensure legal certainty and protection in commercial activities.

Copyrights © 2025






Journal Info

Abbrev

justin

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Justicia Insight (JUSTIN) is an open access, and peer-reviewed journal, published by by Lembaga Publikasi Ilmiah Nusantara with the online registered number of E-ISSN 3089-4115. Our main goal is to disseminate current and original articles from researchers and practitioners on various contemporary ...