The Decision of the Civil Case Court Acts of Default at the Cassation Level in the Convention's Lawsuit to Punish the Cassation/Plaintiff (Case Study No.91/Pdt.G/2021/PN.Plg)
Year: 2025
Type: article
Abstract: This case focuses on a court decision regarding default that occurs in the context of convention lawsuits. In case No. 91/Pdt.G/2021/PN.Plg, the Plaintiff filed a lawsuit against the Defendant who was suspected of violating the agreed agreement. The Defendant's failure to execute the obligations outlined in the agreement was determined by the Palembang District Court to be a default. The Supreme Court reviewed the decision during the cassation stage to verify that the legal substances and procedures were applied appropriately. The defendant's appeal was denied by the Supreme Court, which underscored the appropriateness of the previous court's decision. The Defendant is required to reimburse the Plaintiff for the sum of money received as compensation for default, according to the court. This is consistent with the regulations of Article 1238 of the Civil Code, which governs default and its repercussions. This decision has a significant impact on the parties involved, as the Defendant was legally obligated to fulfill his obligations. Furthermore, this decision establishes precedents for other default cases, emphasizing the significance of adhering to mutually agreed-upon agreements. Case No. 91/PDT.G/2021/PN.PLG is a noteworthy illustration of civil law enforcement in the context of default. The Indonesian legal system's dedication to safeguarding the rights of parties who are underprivileged in the agreement is reaffirmed by the Supreme Court Decision, which also underscores the significance of all parties fulfilling their contractual obligations.
Authors: Ferry Irawan, Mulyadi Tanzili, Sri Suatmiati
Institution: Universitas Muhammadiyah Palembang
Language: English
Field: Social Sciences
Domain: Social Sciences
Open Access status: hybrid
Estimated APC paid: $53
OpenAlex ID: W4410255485