PERUBAHAN PARA PIHAK DI DALAM PROSES PELAKSANAAN PERJANJIAN

Abstract

This study is motivated by the issue of breach of contract (wanprestasi) in the implementation of a Deposit Agreement between PT Trinusa Travelindo and PT Coconut Homes as reflected in Decision Number 428/Pdt.G/2025/PN Jkt.Brt, which raises questions regarding the legal standing of the parties and the implications of changes in roles within the contractual relationship. The objective of this research is to analyze the legal position of the parties in the execution of the agreement and to examine the legal consequences of breach of contract using Ronald Dworkin’s theory. The research employs a normative juridical method with statutory and case approaches, particularly by examining provisions in the Indonesian Civil Code such as Articles 1320, 1338, 1238, and 1243. The results show that there is no formal change of parties, but rather a shift in the implementation of roles that leads to an imbalance of rights and obligations. The Defendant is proven to have committed a breach of contract by failing to return the deposit funds, thereby giving rise to liability for damages and fulfillment of obligations. Based on Ronald Dworkin’s theory, dispute resolution should not rely solely on legal rules but must also consider principles of justice and legal integrity. In conclusion, the protection of the Plaintiff’s rights must be prioritized to ensure legal certainty and fairness in contractual relations.