Juridical Review Termination Of The Agreement Unilaterally As A Result Of The Existence Of Default (study Of The Decision Of The Supreme Court Number 10/Pdt.G/2013/PN.LWK)

Feb 27, 2025 by ADMIN 172 views

Understanding the Concept of Default in the Termination of the Agreement

In the realm of civil law, the concept of default plays a crucial role in the termination of agreements. Default, or broken promise, is a violation of the provisions agreed upon in the contract. This study delves into the regulation of the termination of agreements unilaterally arising from default, as governed by the Civil Code (Kuhperdata). According to Article 1267 of the Civil Code, the disadvantaged party may request the termination of the agreement and compensation if the other party does not fulfill the agreed obligations.

The concept of default is not limited to civil law; it also has implications in Islamic law and customary law. In Islamic law, the principle of justice and openness becomes the foundation in the agreement. If one party violates the provisions, then the disadvantaged party has the right to decide on the agreement. Customary law also prioritizes the norms that apply in the local community, where the termination of the agreement must be carried out wisely and through mediation before taking legal steps.

The Role of Islamic Law and Customary Law in the Termination of the Agreement

Islamic law and customary law provide an important perspective on the termination of the agreement unilaterally. In Islamic law, the principle of justice and openness becomes the foundation in the agreement. If one party violates the provisions, then the disadvantaged party has the right to decide on the agreement. Customary law also prioritizes the norms that apply in the local community, where the termination of the agreement must be carried out wisely and through mediation before taking legal steps.

In customary law, the norms that apply in the local community are given priority. The termination of the agreement must be carried out wisely and through mediation before taking legal steps. This approach emphasizes the importance of resolving disputes through mediation and negotiation, rather than resorting to legal action.

The Decision of the Supreme Court of the Republic of Indonesia

Analyzing the Supreme Court's decision Number 10/Pdt.G/2013/PN.LWK, it is clear that the judge has considered carefully the reasons and evidence submitted. The plaintiff was proven to have suffered losses due to the defendant's actions that did not meet his obligations. In addition, the mediation efforts made previously showed that the court had tried to resolve this dispute without having to step into the realm of law. However, when mediation fails, unilateral termination becomes a legitimate step for the plaintiff.

The Supreme Court's decision highlights the importance of considering the evidence and reasons submitted by both parties. The court's decision also emphasizes the need for mediation and negotiation in resolving disputes, rather than resorting to legal action.

The Importance of Dispute Resolution through Mediation

Dispute resolution through mediation is a crucial aspect of the termination of agreements. Mediation provides a platform for both parties to resolve their disputes through negotiation and compromise. This approach emphasizes the importance of resolving disputes amicably, rather than resorting to legal action.

In the context of this study, mediation played a crucial role in resolving the dispute between the plaintiff and the defendant. The mediation efforts made previously showed that the court had tried to resolve this dispute without having to step into the realm of law. However, when mediation fails, unilateral termination becomes a legitimate step for the plaintiff.

Conclusion

The results of this study indicate that the Defendant had violated his obligations, which resulted in the Plaintiff's decision to decide on the agreement unilaterally. The plaintiff's attorney must continue to hold on to the principles of applicable law, both the public, Islamic law, and customary law, in seeking justice. The judge's actions in the decision show that the court plays an active role in protecting the rights of the disadvantaged party, as well as upholding the applicable legal norms.

Thus, this article not only provides a review of specific cases, but also explains how the default and termination of the agreement unilaterally are within a broader legal framework. The reader is expected to understand the complexity and implications of the law in termination of the agreement, as well as the importance of dispute resolution through mediation before taking legal action.

Recommendations

Based on the findings of this study, the following recommendations are made:

Mediation and Negotiation: Mediation and negotiation should be given priority in resolving disputes, rather than resorting to legal action.
Applicable Law: The principles of applicable law, both the public, Islamic law, and customary law, should be held on to in seeking justice.
Protection of Rights: The court should play an active role in protecting the rights of the disadvantaged party, as well as upholding the applicable legal norms.

By following these recommendations, disputes can be resolved amicably, and the rights of all parties can be protected.

Limitations of the Study

This study has several limitations, including:

Case Study: This study is based on a single case study, which may not be representative of all cases.
Scope: The scope of this study is limited to the termination of agreements unilaterally arising from default.
Jurisdiction: The study is limited to the jurisdiction of the Supreme Court of the Republic of Indonesia.

Future studies should aim to address these limitations and provide a more comprehensive understanding of the termination of agreements unilaterally.

Future Research Directions

Future research directions include:

Comparative Study: A comparative study of the termination of agreements unilaterally in different jurisdictions.
Theoretical Framework: Development of a theoretical framework for the termination of agreements unilaterally.
Empirical Study: An empirical study of the termination of agreements unilaterally in different contexts.

By addressing these research directions, a more comprehensive understanding of the termination of agreements unilaterally can be achieved.

Conclusion

In conclusion, this study provides a review of the termination of agreements unilaterally arising from default. The study highlights the importance of mediation and negotiation in resolving disputes, as well as the need for the court to play an active role in protecting the rights of the disadvantaged party. The study also emphasizes the importance of applicable law, both the public, Islamic law, and customary law, in seeking justice.

By following the recommendations made in this study, disputes can be resolved amicably, and the rights of all parties can be protected. Future studies should aim to address the limitations of this study and provide a more comprehensive understanding of the termination of agreements unilaterally.

Q1: What is the concept of default in the termination of the agreement?

A1: Default, or broken promise, is a violation of the provisions agreed upon in the contract. In the context of this study, research is directed at how the Civil Code (Kuhperdata) regulates the termination of agreements unilaterally arising from default.

Q2: How does Islamic law regulate the termination of the agreement unilaterally?

A2: In Islamic law, the principle of justice and openness becomes the foundation in the agreement. If one party violates the provisions, then the disadvantaged party has the right to decide on the agreement.

Q3: What is the role of customary law in the termination of the agreement unilaterally?

A3: Customary law also prioritizes the norms that apply in the local community, where the termination of the agreement must be carried out wisely and through mediation before taking legal steps.

Q4: What is the significance of the Supreme Court's decision Number 10/Pdt.G/2013/PN.LWK?

A4: The Supreme Court's decision highlights the importance of considering the evidence and reasons submitted by both parties. The court's decision also emphasizes the need for mediation and negotiation in resolving disputes, rather than resorting to legal action.

Q5: What are the implications of the termination of the agreement unilaterally?

A5: The termination of the agreement unilaterally has significant implications for both parties involved. It can lead to financial losses, damage to reputation, and strained relationships.

Q6: How can disputes be resolved amicably?

A6: Disputes can be resolved amicably through mediation and negotiation. This approach emphasizes the importance of resolving disputes through compromise and mutual understanding.

Q7: What is the role of the court in protecting the rights of the disadvantaged party?

A7: The court plays an active role in protecting the rights of the disadvantaged party, as well as upholding the applicable legal norms.

Q8: What are the limitations of this study?

A8: This study has several limitations, including:

Case Study: This study is based on a single case study, which may not be representative of all cases.
Scope: The scope of this study is limited to the termination of agreements unilaterally arising from default.
Jurisdiction: The study is limited to the jurisdiction of the Supreme Court of the Republic of Indonesia.

Q9: What are the future research directions?

A9: Future research directions include:

Comparative Study: A comparative study of the termination of agreements unilaterally in different jurisdictions.
Theoretical Framework: Development of a theoretical framework for the termination of agreements unilaterally.
Empirical Study: An empirical study of the termination of agreements unilaterally in different contexts.

Q10: What is the conclusion of this study?

A10: In conclusion, this study provides a review of the termination of agreements unilaterally arising from default. The study highlights the importance of mediation and negotiation in resolving disputes, as well as the need for the court to play an active role in protecting the rights of the disadvantaged party. The study also emphasizes the importance of applicable law, both the public, Islamic law, and customary law, in seeking justice.