Media Hukum Indonesia (MHI)
Vol 4, No 2 (2026): June

Analisis Yuridis Gugatan Rekonvensi dalam Sengketa Wanprestasi Studi Kasus Putusan No. 34/Pdt. G/2025/PN Bdg

Rakha Subandriyo (Fakultas Hukum, Universitas Pembangunan Nasional “Veteran” Jakarta)
Abhinaya Ahmad Raharja (Fakultas Hukum, Universitas Pembangunan Nasional “Veteran” Jakarta)
Daniel Ran Simamora (Fakultas Hukum, Universitas Pembangunan Nasional “Veteran” Jakarta)
Dwi Desi Yayi Tarina (Fakultas Hukum, Universitas Pembangunan Nasional “Veteran” Jakarta)



Article Info

Publish Date
25 May 2026

Abstract

This study seeks to examine the counterclaims, also known as reconvention, presented in a breach of contract case as outlined in Decision Number 34/Pdt.G/2025/PN.Bdg, with a focus on the legal grounds used, the court's reasoning, and the resulting legal outcomes within the context of a construction contract. This study employs a normative legal approach, focusing on the case method by examining court rulings, statutory laws, and related legal writings. The findings indicate that the counterclaim was submitted because the first-stage payment for work that had progressed to 30 percent completion was not fulfilled, even though the payment was made through a blank check. The court viewed the action as a breach of contract and ruled that the Plaintiff's suspension of work in the Reconvention was lawful under the terms of the agreement, resulting in a partial approval of the counterclaim. This study shows that recognizing progress in work can create important legal consequences that lead to the need for payment. However, court decisions often focus on formal proof from written documents, which might not take into account the quality of the work as a key part of fulfilling the contract. Therefore, the counterclaim in this case functions as a means of legal protection and also emphasizes the need to balance legal certainty with substantive justice when addressing disputes in construction contracts.

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Journal Info

Abbrev

MHI

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

The aims of this journal is to provide a venue for academicians, researchers, and practitioners for publishing the original research articles or review articles. The scope of the articles published in this journal deals with a broad range of topics in the fields of Criminal Law, Civil Law, ...