PERTIMBANGAN HUKUM MAHKAMAH AGUNG DALAM PUTUSAN NOMOR 5035 K/PDT/2025 TENTANG WANPRESTASI SEBAGAI INSTRUMEN PENEGAKAN KEPASTIAN HUKUM DALAM PERJANJIAN PERDATA DI INDONESIA

Abstract

This study aims to analyze the legal considerations of the Supreme Court in Decision Number 5035 K/PDT/2025 in determining the occurrence of default and assess the position of the agreement clause from the perspective of lease law based on the Civil Code. This study is motivated by the existence of a contractual dispute that arises due to differences in interpretation of the agreement clause between the parties. The approach used is normative legal research by examining laws and regulations, legal doctrine, and court decisions as analytical materials. The results show that the Supreme Court assesses the occurrence of default based on four main elements, namely the existence of a valid agreement, failure to fulfill performance, the existence of errors, and the occurrence of losses. In addition, the Supreme Court also places the agreement clause as the basis of the legal relationship between the parties by emphasizing the principle of pacta sunt servanda. However, the judge's considerations tend to be formalistic because they have not thoroughly examined the balance of rights and obligations of the parties and the application of the principle of good faith in the implementation of the agreement. In the context of a lease agreement, contract clauses should be assessed not only based on their enforceability, but also based on the implementation of the parties' reciprocal obligations. Therefore, a more substantive approach is needed so that decisions not only provide legal certainty but also reflect fairness in contractual relationships.