ANALISIS YURIDIS TENTANG PENGGABUNGAN GUGATAN WANPRESTASI DAN PERBUATAN MELAWAN HUKUM BERDASARKAN SEMA NO. 1 TAHUN 2022. (STUDI PUTUSAN NOMOR 75/PDT.G/2024/PN SRG).

Irwan Sapta Putra (Universitas Bina Bangsa)
Mohammad Hifni (Universitas Bina Bangsa)
Lime Shie (Universitas Bina Bangsa)

Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance
Vol. 6 No. 2 (2026): Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance

The joinder of claims for breach of contract and unlawful acts in a single lawsuit remains an issue that gives rise to differing interpretations in the practice of civil litigation in Indonesia. To address these differences in judicial application, the Supreme Court of the Republic of Indonesia issued Supreme Court Circular Letter (SEMA) Number 1 of 2022, which provides guidance that the joinder of claims for breach of contract and unlawful acts is permissible, provided that there is a close connection between the facts and legal relationship underlying the claims and that the posita and petitum are formulated clearly and systematically. This study aims to analyze the legal regulation concerning the joinder of claims for breach of contract and unlawful acts based on the Indonesian Civil Code, Supreme Court Circular Letter Number 1 of 2022, and the doctrines of Indonesian civil law, as well as to examine the judges’ legal reasoning in Decision Number 75/Pdt.G/2024/PN SRG regarding the implementation of Supreme Court Circular Letter Number 1 of 2022. This study employs a normative juridical research method using statutory, conceptual, and case approaches. The legal materials consist of primary legal materials, namely the Indonesian Civil Code, Supreme Court Circular Letter Number 1 of 2022, and Decision Number 75/Pdt.G/2024/PN SRG. The results of this study indicate that the joinder of claims for breach of contract and unlawful acts is, in principle, permissible provided that it fulfills the requirements stipulated in Supreme Court Circular Letter Number 1 of 2022. The panel of judges accepted the joinder of claims on the grounds that the elements of breach of contract and unlawful acts were closely interconnected and could not be separated, making it more effective to resolve them in a single judicial proceeding. The judges' legal reasoning is consistent with the objectives of Supreme Court Circular Letter Number 1 of 2022, namely to realize the principles of simple, speedy, and low-cost judicial proceedings, prevent contradictory judgments, and provide legal certainty for the parties.