Penerapan Asas Keseimbangan dan Penyelesaian Wanprestasi dalam Jual Beli Barang Impor dengan Sistem Pre-Order (Studi Kasus GO Latte Mart dan GO Kiwippang)
Ilmina Jihan Zafira, Dr. Ninik Darmini, S.H., M.Hum.
2025 | Skripsi | ILMU HUKUM
This study aims to analyze the implementation of the balance principle in the sale and purchase of imported goods with a pre-order system at GO Latte Mart and GO Kiwippang, as well as to analyze the settlement of the breach in the sale and purchase of imported goods using the pre-order system at GO Kiwippang.
This study uses descriptive-analytical normative-empirical research type with a conceptual approach. The type of data used is primary data derived from field research and secondary data derived from library research. The sampling technique is purposive sampling by determining certain criteria to represent the population. Data analysis is carried out qualitatively by drawing conclusions inductively.
This study shows that in GO Latte Mart, the principle of balance was not applied in terms of the actions of the parties because there was a defect of will in the form of fraud by the seller, so that the principle of balance was also not applied in terms of the content of the contract and the implementation of the contract. In GO Kiwippang, the principle of balance was applied in terms of the actions of the parties, but not applied in terms of the content of the contract because the agreement only contained the obligations of the buyer, and not applied in terms of the implementation of the contract because the buyer defaulted by unilaterally canceling the purchase (hit and run). The settlement of the breach at GO Kiwippang is to sell the goods ordered by the hit-and-run buyer to another buyer at a price equal to the amount unpaid by the hit-and-run buyer. This is because the price covers the seller's costs in procuring the goods, and the low price means that the goods sell quickly, allowing money to circulate as it should.
Kata Kunci : Asas Keseimbangan, Wanprestasi, Barang Impor