Nilai Keadilan Sebagai Landasan Putusan Sengketa Wanprestasi: Studi Putusan Nomor 5/Ptd.Sus-BPSK/2017/PN. Lmj

Abstract

Default is one of the problems faced by the parties in an agreement. The parties can resolve the default through various means such as deliberation, mediation, arbitration, or court. The court route is often considered to only prioritize the value of legal certainty and override the values of justice and expediency. However, this did not happen in the case handling of PT. DSF against AH in the Lumajang District Court. This article aims to describe the authority of the Lumajang District Court in deciding the case Number 5/Ptd.Sus-BPSK/2017/PN. Lmj. In addition, the basis for the consideration of the Panel of Judges in case Number 5/Ptd.Sus-BPSK/2017/PN. Lmj. This type of research is a normative juridical research with conceptual and case approach. The legal materials of this research consist of primary and secondary legal materials. The method of collecting legal materials with an inventory in the form of decision no. 5/Ptd.Sus-BPSK/2017/PN. Lmj and bibliographical legal materials. The legal material processing method uses interactive analysis by dividing it into three stages, namely data reduction, data display, and conclusion verification. The results of this study indicate that the Lumajang District Court does not have the authority or relative competence in adjudicating case No. 5/Ptd.Sus-BPSK/2017/PN. Lmj. The Panel of Judges in their consideration prioritizes the principle of justice rather than the principle of legal certainty as agreed by the parties in the lease agreement.