WANPRESTASI PERJANJIAN KONTRAK DALAM LINGKUP PERUSAHAAN: (Studi kasus pada putusan No. 288/Pdt.G/2024/PN.Jkt Sel.)

Abstract

There has been a violation of the agreement by PT Tropical Acid Oil (PT TAO) to PT Rimbo Panjang Sumber Makmur (PT RPSM). This is regulated in article 1338 paragraph (3) of the Civil Code which regulates that contracts must be made in good faith. The purpose of this journal is to realize a fairness in the agreement in implementing the contract and produce prosperity for the parties who make a contract agreement. In this study the authors used a qualitative method accompanied by the use of Literature Study Analysis Techniques and Literature Studies. Qualitative method is an approach to analyze existing data that the author obtains descriptively. The literary research method is a technique that the author uses to collect and retrieve data from documents, books, papers and articles. In the case discussed in this journal refers to the civil law aspect that PT Tropical Acid Oil (PT. TAO) has violated Article 1338 paragraph (3) of the Civil Code which regulates that contracts must be made in good faith. Because the defendant did not comply with the agreement that had been made, even the Defendant actually stalled the time for the collection of Dirty Oil. Based on the decision of the South Jakarta District Court, the Defendant is subject to sanctions imposed in accordance with the regulations set out in the Civil Code in Article 1246 of the Civil Code regarding compensation for default (injury to promise), Article 1253 of the Civil Code regarding the obligation to return, Article 1238 of the Civil Code which includes the debtor being declared negligent by warrant. Therefore, the Defendant must be given a strict penalty in relation to what has been done according to the regulations and also the sanctions listed in the Law.