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Managing Global System

In: Other Topics

Submitted By firdausrampius
Words 511
Pages 3
HUKUM BISNIS

Firdaus

Ahadi

Kasus A

T : Siapa pihak yang akan menanggung biaya ganti rugi?

J : Seharusnya yang menanggung ganti rugi PT. Rayon Multi Warna karena PT. Rayon Multi Warna melakukan wanprestasi (karena tidak dilaksanakannya prestasi atau kewajiban sebagaimana mestinya yang dibebankan oleh kontrak kepada pihak PT. Rayon Multi Warna), karena secara lalai menimbulkan kerugian bagi orang lain. Hal tersebut memenuhi syarat syarat materiil dari wanprestasi. PT. Rayon Multi Warna memiliki kewajiban membayar ganti rugi kepada pihak yang dirugikan.

T : Berapa presentase biaya ganti rugi?

J : Seluruhnya ditanggung oleh PT. Rayon Multi Warna.

T : Apa jaminan dari PT. Rayon Multi Warna?

J : Asumsikan bila PT. Rayon Multi Warna tidak mampu untuk membayar ganti rugi. Apabila PT. DJU memperkarakan hal tersebut kepada pihak yang berwajib, seberapa besar kemanfaatan yang diperoleh PT. DJU. Dari segi biaya yang ditanggung oleh PT. DJU akibat kesalahan yang dilakukan PT. Rayon Multi Warna mungkin tidak sebanding dengan besarnya kerugian yang ditanggung oleh PT. Rayon Multi Warna karena kesalahan bukan menyeluruh hanya yang terdapat pada warna dasi. Untuk mengurus perkara tersebut tidak hanya biaya secara material tetapi juga biaya yang berupa waktu, yang mungkin, bisa digunakan untuk hal yang lebih penting bagu perusahaan tersebut. Dari biaya yang berupa , mungkin orang yang mengurusnya itu bisa melakukan hal yang lebih produktif bagi perusahaan tersebut.

T : Apa adil apabila dalam masa mengandung Ibu Anna dipenjarakan?

J : Karena di mata hukum bu Anna melakukan wanprestasi dengan melaksanakan apa yang diperjanjikan tetapi tidak sebagaimana diperjanjikan dan tidak memandang apakah hamil atau tidak.

T : Apa yang menjadi tuntutan dari PT. DJU kepada PT. Rayon Multi Warna untuk melakukan ganti rugi

J : Warna dasi tidak sesuai dengan permintaan dari PT DJU dan Bu Anna tidak mampu membayar ganti rugi.

T : Asumsikan bila PT Rayon Multi Warna mampu untuk membayar ganti rugi, apakah PT DJU tetap akan memperkarakan masalah tersebut di depan hukum?

J : Tidak, karena ganti rugi atau wanprestasi sebagaimana yang diatur dalam pasal 1240 sampai pasal 1252 KUH perdata, apabila dapat membayar ganti rugi maka tidak akan diperkarakan secara hukum.

T : Apa syarat pembayaran dan berapa presentase ganti rugi?

J : PT. Rayon Multi Warna mengganti 100% dari kesalahan pembuatan dasi. Lalu, agar win-win solution serta tidak memberatkan satu pihak maka proses ganti rugi bisa dibebankan kepada dua belah pihak. Contohnya, PT DJU membeli kain dan PT Rayon Multi Warna yang menjahitkan dasi dari kain tersebut.

Berdasarkan ilustrasi yang diberikan PT. Rayon Multi Warna terbukti melakukan wanprestasi atau ingkar janji atau default atau prestasi buruk akrena tidak melakukan kewajiban sesuai dengan kesepakatan yang telah dibuatnya.

PT. Rayon Multi Warna dikatakan wanprestasi karena memenuhi dua syarat:

1. Syarat materil dikatakan lalai karena melakukan perbuatan yang menimbulkan kerugian bagi orang lain.

2. Syarat formil karena PT. DJU menetapkan bahwa PT. Rayon Multi Warna lalai dalam memenuhi kewajibannya.

Wujud wanprestasi dari PT. Rayon Multi Warna berupa melaksanakan apa yang diperjanjikan terapi tidak sebagaimana yang diperjanjikan.

Bentuk ganti rugi akibat wanprestasi dibebankan kepada PT. Rayon Multi Warna karena tidak melaksanakan prestasi sesuai dengan perjanjiannya dengan bentuk ganti rugi, memproduksi ulang dasi atau pengembalian ganti rugi berupa uang.…...

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