ANALISIS TUNTUTAN GANTI RUGI AKIBAT WANPRESTASI DALAM KONTRAK PENGADAAN SARANA PENUNJANG NICU DAN BEDAH SARAF

• Main Author: Elsi Safitri, (Author)
• Format: Book
• Published: Jurnal USM Law Review, 2024-01-19.
• Subjects: Article; PeerReviewed
• Online Access: Link Metadata
• Notes: http://repository.upnvj.ac.id/29500/1/2010611047_ArtikelKI.pdf
• Keywords: K Law (General)

This research aims to find out the causes of default in the construction service procurement contract. This research also aims to find out the substance of the contract that causes one of the parties to default and the judge's consideration in making a decision. This research is based on the claim for compensation due to default. This research uses a normative legal approach method, statutory regulations, and jurisprudence (court decisions). The results of this study indicate that this agreement regulates legal relationships that contain rights and obligations. The construction work contract becomes an important instrument both in accommodating and limiting the rights and obligations of the contractor and the government during the implementation of the development process. In reality, in the process of implementing the contract, there is often a default from the contractor in the form of late implementation or non-performance of the work. But it is not uncommon for the government to default on making payments that are not on time and not in accordance with their achievements. The characteristics of default in the procurement of construction services must refer to the contract of both parties, and the indicator is that one party feels harmed by the actions of the other party. Legal protection in the event of default in the procurement of construction services is that the party who feels harmed should be able to request reimbursement of costs, losses, and interest payments even though they are outside the contract agreement.