PERSPEKTIF YURIDIS DAN PRAKTIS PEMBEDAAN WANPRESTASI DAN PERBUATAN MELAWAN HUKUM

Abstract

Reciprocal activity between 2 (two) parties is something that often happens in daily life. By carrying out these reciprocal activities, the parties have unknowingly entered into an agreement (legal act) that gives rise to an engagement (legal relationship in the field of property between 2 (two) or more people in which one party is entitled to something and the other party is obliged to do so. over something). The obligations agreed upon by the parties are often called 'achievements'. According to Article 1234 of the Civil Code (KUHPer), achievements born from an engagement can be in the form of: (1) giving something; (2) do something; (3) do nothing. In order for both parties to get what they want, the achievements in each engagement must be carried out by each party. Academically, defaults often intersect with 'acts against the law' (PMH) because both of them are related to acts of 'harming others' and the legal consequences of 'compensation'. In practice, there is often confusion where a default is said to be PMH, or vice versa. Whereas default and PMH are 2 (two) different legal acts. The phenomenon of mixing default and PMH can also be found in various judges' decisions in court.