ANALISIS HUKUM TERHADAP KERUGIAN AKIBAT WANPRESTASI DALAM KONTRAK BISNIS

Abstract

This research aims to analyze losses arising from default in business contracts from a legal perspective. Default or breach of contract occurs when one party in a business contract fails to fulfill its obligations as agreed. This research uses a normative juridical method with an analytical approach to relevant laws and regulations, legal literature and court decisions. The research results show that losses resulting from default can be material or immaterial, both of which are entitled to compensation based on Indonesian civil law. Based on Article 1243 and Article 1246 of the Civil Code (KUHPerdata), the injured party can demand compensation which includes actual losses and expected profits (lost profits). However, to claim these losses, the injured party must be able to prove the existence of a breach of contract, the losses suffered, as well as the causal relationship between
default and losses arising. This research also identified several factors that influence the success rate of compensation claims, including contractual provisions, the behavior of the parties, and the judge's interpretation of the evidence presented. Thus, this research
contributes to the understanding of legal protection for injured parties in business contracts and the importance of drafting clear and detailed contracts to minimize the risk of default.  
Keywords: Default, Losses, Business Contracts, Civil Law, Compensation.