ANALISIS YURIDIS PERBEDAAN KUALIFIKASI HUKUM ANTARA WANPRESTASI DAN PERBUATAN MELAWAN HUKUM DALAM PERJANJIAN SEWA MENYEWA BANGUNAN (STUDI PUTUSAN NOMOR 1341/PDT.G/2022/PN.SBY)

The phenomenon of ambiguity in determining the legal basis of a claim, whether it
constitutes a breach of contract arising from an agreement or an unlawful act with a
broader scope, often occurs within the Indonesian civil judicial system. The difference in
legal qualification between breach of contract and unlawful act is reflected in lease
agreements, as exemplified in Decision Number 1341/Pdt.G/2022/PN.Sby. Errors in
classifying an act may create legal uncertainty, particularly concerning the burden of
proof, the amount of compensation, and the legal consequences for the parties involved.
The research method used in this study is normative juridical with a doctrinal approach,
based on a literature review of statutory regulations, legal literature, and court decisions.
Through this normative juridical approach, the author examines two main issues: (1) What
were the judges’ considerations in Decision Number 1341/Pdt.G/2022/PN.Sby when
classifying the defendant’s conduct as an unlawful act, and (2) Whether the decision
accurately reflects the proper qualification of the defendant’s conduct as a breach of
contract or an unlawful act. The results show that the panel of judges based their
consideration on Article 1365 of the Indonesian Civil Code and found that the defendant’s
actions fulfilled the elements of an unlawful act. However, the facts of the case also indicate
the presence of breach of contract elements, since the defendant failed to vacate the leased
property after the expiration of the rental agreement. Based on the author’s analysis of the
elements contained in Articles 1313, 1234, 1320, 1338, and 1243 of the Civil Code, it can
be concluded that the elements of breach of contract were fulfilled. Therefore, the decision
may also be classified as a breach of contract case, representing the realization of the
judicial principles of a fast, simple, and low-cost trial.