ANALISIS DASAR HUKUM DALAM PENETAPAN GANTI RUGI PENYELESAIAN SENGKETA WANPRESTASI PUTUSAN NOMOR 230/PDT.G/2025/PN JKT.TIM

Abstract

The legal basis used to consider the determination of material compensation amounting to Rp 262,000,000. This study employs a normative juridical research method, which is a type of legal research conducted by examining library materials or secondary data as the main source. This approach is used to analyze legal norms related to breach of contract (wanprestasi) and the determination of compensation in civil law, particularly those regulated in the Indonesian Civil Code (KUHPerdata). Breach of contract in Indonesian civil law is one of the central issues that frequently becomes the subject of disputes in Indonesian courts. The Indonesian Civil Code serves as the primary foundation governing contractual relationships between parties. Service contracts, which involve the provision of services by one party to another in exchange for agreed compensation, often give rise to legal complexities when one party fails or neglects to fulfill the agreed obligations. From the results of this research and discussion, it can be concluded that the legal basis used by the judge in determining material compensation amounting to Rp 262,000,000 in Decision Number 230/Pdt.G/2025/PN JKT.TIM refers to the provisions of the Indonesian Civil Code (KUHPerdata), particularly Articles 1239, 1243, 1320, and 1338. These provisions serve as the foundation for assessing that the defendant has committed a breach of contract by failing to fulfill obligations as agreed in the contract. The determination of the amount of compensation is based on valid evidence in the form of a written statement of breach of contract signed by the defendant.