AKIBAT HUKUM WANPRESTASI DALAM JUAL BELI SAHAM TERHADAP PERALIHAN HAK SAHAM DALAM PUTUSAN MAHKAMAH AGUNG NOMOR 6199 K/PDT/2025

Abstract

This This study analyzes the legal consequences of breach of contract (wanprestasi) in share sale and purchase agreements, particularly concerning the transfer of share ownership rights, as reflected in Supreme Court Decision Number 6199 K/Pdt/2025. In corporate transactions, share transfer constitutes a crucial legal act that must comply with both contractual obligations and applicable company law regulations. However, disputes often arise when one party fails to fulfill its contractual obligations, leading to legal uncertainty regarding the validity and execution of share transfers. This research employs a normative juridical method with a case approach, examining relevant legal provisions, doctrines, and judicial considerations in the selected decision. The analysis focuses on how the court interprets breach of contract in the context of share transactions and determines its impact on the transfer of ownership rights. The findings indicate that breach of contract significantly affects the legal validity and enforceability of share transfers. In cases where contractual obligations are not fulfilled, the transfer of shares may be delayed, annulled, or declared legally invalid, depending on the circumstances and the court’s assessment. Furthermore, the Supreme Court’s decision highlights the importance of good faith, legal certainty, and compliance with formal requirements in share transactions. This study concludes that the legal consequences of breach of contract in share sale agreements extend beyond contractual liability, directly influencing the status of ownership rights. Therefore, strict adherence to contractual terms and legal procedures is essential to ensure the legitimacy and certainty of share transfers within corporate law.