“IMPLEMENTASI PENYELESAIAN WANPRESTASI ORANG TUA/WALI MURID TERHADAP TUNGGAKAN BIAYA SPP (Studi Kasus Pada Sekolah Swasta X di Kalimantan)”

Arrears of tuition fees by parents/guardians of students is a problem that often occurs in private schools and has the potential to cause default in the legal relationship of the agreement. This study discusses two main problems, namely how to implement the agreement between parents/guardians of students and School X regarding the obligation to pay tuition fees and how to implement the default settlement applied by School X to violations of the agreement. This study aims to analyze the form of agreement that underlies the obligation to pay tuition fees and examine the default settlement mechanism implemented by School X and its conformity with the provisions of civil law and the principles of the agreement. The research method used is empirical legal research with a case study approach. Data was obtained through interviews with the Chairman of the Foundation and the Treasurer of the Foundation as primary data, and supported by secondary data in the form of relevant laws and regulations and legal literature. Data analysis was carried out qualitatively-descriptively. The results of the study show that the legal relationship between School X and parents/guardians of students is based on a written agreement under the hand made at the time of registration and re-registration of students. The agreement is valid and legally binding in accordance with Article 1320 and Article 1338 of the Civil Code. Delays, incomplete payments, or non-payment of tuition fees are qualified as defaults. In its solution, School X prioritizes a non-litigation mechanism through administrative collection, reminders, mediation, and a family approach, without taking the litigation route, with consideration of social aspects and educational sustainability.