KEPASTIAN HUKUM PERJANJIAN PENGELOLAAN LIMBAH TERKAIT ADANYA WANPRESTASI OLEH SALAH SATU PIHAK DAN AKIBAT HUKUMNYA

Abstract

Waste management agreements have become increasingly important in industrial activities; however, their implementation is frequently disrupted by breaches of contract (wanprestasi), including unilateral termination, delays in delivery, and non-performance or performance inconsistent with the agreed terms, thereby creating legal uncertainty. The issues examined in this research are: (1) What are the legal consequences of a breach of contract arising from a waste management agreement for the buyer in the performance of the agreement? and (2) How is legal certainty ensured in waste management undertaken by one of the parties in the event of a breach of contract? To address these issues, this research employs Jan Michiel Otto’s Theory of Legal Certainty and Soeroso’s Theory of Legal Consequences. The method employed in this research is normative legal research using a statutory approach, a case approach, an analytical approach, and a conceptual approach. The legal materials consist of primary legal materials; secondary legal materials, including books, scholarly journals, and theses; and tertiary legal materials. The legal materials were analyzed through grammatical interpretation, systematic interpretation, and analogical construction. The results of the research indicate that a breach of contract (wanprestasi) in a waste management agreement gives rise to legal consequences in the form of changes in the legal status of waste that has not been managed in accordance with applicable standards, changes in the contractual legal relationship that grant the aggrieved party the right to demand specific performance, material and immaterial damages, as well as the annulment of the agreement pursuant to Articles 1243, 1266, and 1267 of the Indonesian Civil Code (Kitab Undang-Undang Hukum Perdata/KUH Perdata). Such breach may also give rise to civil, administrative, and criminal liability. Legal certainty can be achieved when the five conditions of Jan Michiel Otto’s theory are fulfilled, which in practice are reinforced by the principle of pacta sunt servanda as stipulated in Article 1338 of the Indonesian Civil Code, protection of third parties acting in good faith, and the application of strict evidentiary standards with respect to material losses.