ANALISIS YURIDIS WANPRESTASI DAN PERBUATAN MELAWAN HUKUM DALAM SENGKETA PERJANJIAN PENGIKATAN JUAL BELI (PPJB) STUDI PUTUSAN NOMOR 357/PDT.G/2025/PN BEKASI

Abstract

]This study aims to provide a juridical analysis of breach of contract in a Sale and Purchase Binding Agreement (PPJB) of a house and to distinguish it from unlawful acts (tort) as reflected in Decision Number 357/Pdt.G/2025/PN Bekasi. The core issue in this case concerns the ambiguity of the claim’s legal construction, where breach of contract and unlawful acts are improperly combined, resulting in a formal defect known as obscuur libel. This research employs a normative legal method using statutory and case approaches. The analysis is conducted qualitatively based on primary legal materials, including the Indonesian Civil Code and court decisions, supported by relevant legal doctrines.The findings reveal that breach of contract and unlawful acts differ fundamentally in terms of legal basis, elements, and legal consequences. Therefore, combining both claims without a clear legal framework contradicts the principle of clarity in civil procedural law. In this case, the court declared the claim inadmissible (niet ontvankelijke verklaard) due to formal defects. Substantively, the plaintiff is deemed to have committed a breach of contract for failing to fulfill payment obligations as stipulated in the agreement, due to the rejection of a mortgage application, which constitutes an internal factor rather than force majeure.Accordingly, the court’s decision reflects the principle of legal certainty. However, from the perspective of contractual justice, the clause limiting the refund may still raise concerns regarding the balance of rights and obligations between the parties.