PENERAPAN ASAS EXCEPTIO NON ADIMPLETI CONTRACTUS DAN PRINSIP KESEIMBANGAN HAK DAN KEWAJIBAN DALAM SENGKETA WANPRESTASI PERJANJIAN SEWA MENYEWA PADA PUTUSAN MA NOMOR 88 K/PDT/2026

Abstract

This study aims to examine the application of the exceptio non adimpleti contractus (ENAC) principle as well as the balance of rights and obligations in lease agreement breach disputes, as reflected in the Supreme Court Decision Number 88 K/Pdt/2026. The issues addressed include how the ENAC principle is implemented in the case and whether the judge’s consideration declaring the claim inadmissible is consistent with the principles of contract law under the Indonesian Civil Code. This research employs a normative legal method with statute, case, and conceptual approaches. The findings reveal that the Supreme Court implicitly applied the ENAC principle by recognizing the imbalance in the parties’ performance of obligations, thereby affirming that a party who has not fulfilled its obligations is not entitled to demand performance from the other party. This approach reflects a legal orientation that emphasizes not only legal certainty but also substantive justice. Furthermore, the court’s consideration declaring the claim inadmissible substantively aligns with the principles of good faith and balance. However, from a procedural perspective, the use of the niet ontvankelijk verklaard ruling remains debatable within civil procedural law. Therefore, this decision illustrates the development of contract law toward a more adaptive and justice-oriented approach.