TUNTUTAN GANTI RUGI AKIBAT DARI PERBUATAN WANPRESTASI (Studi Kasus Pada Perkara No. 43/ Pdt. G/ 2011/ PN. PBR)

Abstract

Departing from Article 1313 of the Civil Code which reads "An agreement is an act in which one or more people bind themselves to one or more people" has been the laying of the first stone in which a person or a group of people against another person or a group of other people to agree in making an agreement that is legal in the eyes of the law based on Article 1320 Civil Code. The agreement that is formed is felt to have succeeded in implementing the law, but along the way, uncertainty has always been a frightening specter for the parties who have agreed, which is commonly called Default. Based on the phenomena that have occurred, we will conduct research that aims to examine the problems that occur in accordance with applicable laws. And this research will be based on the type of normative legal research that will carry out legal studies as norms and normative juridical approaches by examining literature or secondary data as a basis for research by conducting a search of regulations and literature relating to the issues raised. researched. Armed with this method, we will try to dissect the problem of default, from the formation of engagements and agreements to one of the parties breaking a promise, even to the point where the district court decides to execute and carry out a collateral confiscation. The outputs targeted in this study are mandatory outputs in the form of national journals and proceedings journals. Keywords:Agreemnt,Default,Engagemen