PERLINDUNGAN HUKUM PIHAK YANG DIRUGIKAN ATAS TINDAKAN WANPRESTASI OLEH SALAH SATU PIHAK TERHADAP AKTA PERDAMAIAN

Abstract

The peace of deed has the power as a normal judge's decision which has
permanent legal force and against it can not be appealed or appealed. The
purpose of writing this thesis, namely; First, the factors that lead to defaults on
the peace deed and obstacles in its settlement, Second, the legal protection of the
aggrieved party by default on the peace deed and what remedies can be done.
This type of research can be classified in the type of normative legal
research. In this study the author discusses more about the principles of law,
especially the principle of good faith and the principle of pacta sunt servanda in
the agreement in which the agreement referred to is a peace deed. Source of data
used, secondary data, data collection techniques in this study with literature
review method.
From the results of the research problem there are two main things that
can be concluded. First, in this case there is a violation of the legal principles of
the agreement and / or freedom of contract, namely the principle of pacta sunt
servanda and the principle of good faith. The factor of default which most
influences the parties is the existence of problems with the economy and the
absence of good faith from the Defendant to immediately resolve the problem of
default on the peace deed. The inhibiting factor in the settlement of the peace deed
is also due to the lack of knowledge of the Plaintiffs on legal remedies and what
legal protection can be taken by them as the losers. Second, the legal protection of
the aggrieved party is still not strong enough in its implementation, the fulfillment
of this execution is carried out with the request of the winning party orally or in
writing in advance of the execution of the Court. The court makes a call against
the Defendant who is in default to carry out the decision voluntarily (aarmaning).
After the due date has not been fulfilled, it can apply for a confiscation of
collateral. If it is still not addressed by the losing party, the Court issues a
decision to make a forced decision (execution).