Civil Liability in Breach of Contract Cases:A Case Study in Indonesian Civil Law

Abstract

This study aims to analyze the application of civil liability in cases of breach of contract in Indonesia, with a focus on how Indonesian civil law regulates and provides solutions to breach of contract. This study uses a qualitative approach with a case study design, involving analysis of various cases of breach of contract that occurred in Indonesia and interviews with legal practitioners. The results of the study indicate that civil liability in breach of contract in Indonesia generally follows the provisions of the Civil Code (KUHPerdata), which requires the party who breaches the contract to compensate for the losses incurred as a result of the breach. However, there are a number of obstacles in its implementation, such as the ambiguity in the preparation of the contract, the difficulty in determining the amount of compensation, especially for immaterial losses, and the limited evidence that can be used to support claims for losses. Indonesian courts generally strive to provide fair decisions by considering the social impact of breach of contract, although the dispute resolution process tends to be time-consuming and expensive. This study also found that lawyers have an important role in helping their clients resolve breach of contract through litigation and mediation strategies.