Apa Itu Wanprestasi?

Summary

This video explains the concept of 'wanprestasi' (breach of contract) in Indonesian law, discussing its four types: non-performance, late performance, improper performance, and performing prohibited actions. It clarifies key terms like 'prestasi' (obligation), 'debitur' (debtor), and 'kreditur' (creditor), and provides examples related to construction contracts. The video emphasizes that determining wanprestasi requires careful consideration of the circumstances, including whether the debtor's failure was intentional or due to external factors. It concludes by outlining the legal recourse for those affected by wanprestasi, including the right to sue for damages.

Takeaways

• 😀 Wanprestasi, or 'breach of contract,' refers to a failure to fulfill an agreed-upon obligation in a contract.
• 😀 There are four types of wanprestasi: 1) No performance at all, 2) Performance but not on time, 3) Performance but not as agreed, and 4) Doing something prohibited in the contract.
• 😀 The term 'prestasi' means an obligation that must be fulfilled in a contract, which can be giving, doing, or not doing something.
• 😀 A 'debitor' is the party with an obligation or debt, while a 'creditor' is the party entitled to receive the performance.
• 😀 An example of no performance at all is a construction project where the contractor fails to start any work after three months.
• 😀 An example of performance but not on time is a contractor who completes 75% of the work after the agreed timeline but still hasn't finished the project.
• 😀 An example of performance but not as agreed is when a house is built with three floors instead of four, even though the contract specified four floors.
• 😀 An example of doing something prohibited in the contract is when one party unilaterally terminates the contract despite agreeing not to do so.
• 😀 To determine whether a breach of contract has occurred, several factors need to be considered, such as the reason for the breach (whether it's intentional or due to unforeseen circumstances).
• 😀 A creditor can file a lawsuit for wanprestasi if the debtor fails to fulfill their obligations, and the creditor can claim compensation for damages.

Q & A

What is 'wanprestasi' in legal terms?

'Wanprestasi' refers to a situation where one party fails to fulfill the obligations stated in a contract, commonly known as 'breach of contract' or 'non-performance of a promise'.

What are the four types of 'wanprestasi' mentioned in the video?

The four types of 'wanprestasi' are: 1) Not performing the obligation at all, 2) Performing the obligation but not on time, 3) Performing the obligation but not according to the agreement, and 4) Performing actions prohibited by the agreement.

What is the meaning of 'prestasi' in the context of a contract?

'Prestasi' refers to the performance or obligations that a party must fulfill under a contract. It can include giving something, doing something, or refraining from doing something.

Who is the 'debitur' in a contract?

The 'debitur' is the party that owes an obligation or debt in a contract. This obligation may involve giving something, performing an action, or refraining from an action.

Who is the 'kreditur' in a contract?

The 'kreditur' is the party entitled to receive the performance or obligation from the 'debitur', such as a bank receiving loan repayments from a borrower.

Can you provide an example of 'wanprestasi' where a party does not perform their obligation at all?

An example is when a construction company, CB, agrees to build a house in one year but fails to do anything for three consecutive months, thus not fulfilling the obligation at all.

What happens when a party performs their obligation but not on time?

This type of 'wanprestasi' occurs when the debtor does not meet the agreed-upon timeline. For instance, if a construction company finishes 75% of the work but cannot complete the project on time, it is considered a delay.

What does it mean when a debtor performs an obligation but not according to the agreement?

This occurs when the debtor completes the task but does not meet the agreed terms. For example, a construction company might build a 3-story house instead of the agreed 4-story house.

What is an example of 'wanprestasi' involving an action prohibited in the contract?

An example is when two parties, A and B, agree that the contract cannot be terminated unilaterally, but Party A terminates the contract on their own because they are dissatisfied with the results, thus violating the contract.

What factors must be considered before determining if 'wanprestasi' has occurred?

Factors to consider include: 1) Whether the debtor intentionally failed to fulfill the obligation, 2) Whether the debtor was reminded of their obligation, and 3) The cause of non-performance (e.g., external factors or unforeseen circumstances).