TINJAUAN YURIDIS TERHADAP PUTUSAN WANPRESTASI DALAM PERKARA NOMOR 4/PDT.G/2015/PN-SPN DI PENGADILAN NEGERI SUNGAI PENUH

Abstract

Abstract

Breach occured because debtors meet achievement but not in time, not meet achievement, and meet achievement but not perfect. Issues to be observed is which breach form that meet in the case Registration Number: 4/Pdt.G/2015/PN-Spn, and how legal considerations of Sungai Penuh District Court Judges when giving sanction in the case Registration Number: 4/Pdt.G/2015/PN-Spn. This research use normatif types of research (sociological jurisprudence), used secondary data, data collection technique used study documents. From the research, result as follows: 1) In the case Registration Number: 4/Pdt.G/2015/PN-Spn the breach form that meet is meet achievement but not perfect, that mean giving achievement but not as it should be. 2) Legal considerations of Sungai Penuh District Court Judges when giving sanction in the case Registration Number: 4/Pdt.G/2015/PN-Spn based on Article 1243 code of Civil Law and Article 1244 code of Civil Law associated with Article 178 paragraph (3) the Revised Regulations Reglement / 189 paragraph (3) Rules Outer Regions, the form that judges give sanction is reimbursement, namely punishing the defendant to pay compensation to the plaintiff as big as Rp. 328.570.000,- (three hundred and twenty-eight million five hundred and seventy thousand rupiah) that accordance to the  plaintiff suit who does not demanding compensation and interest. Judges not accept the plaintiff suit about forced money without reason.

Keywords: Agreement, Breach, District Court.