CONTRACTING AGREEMENT: LAWSUIT FOR DEFAULT OR UNLAWFUL ACTION?

Abstract

The legal relationship between the contractor and the employer creates reciprocal rights and obligations. Civil Law regulates this relationship under the name of a work contracting agreement, which can be made orally or in writing. Those who feel aggrieved can sue legally, either by filing a lawsuit for unlawful acts (PMH) or breach of contract (WP). However, it is necessary to pay attention to whether the lawsuit is really PMH or WP, as in the two judge's decisions which rejected each lawsuit, thus arousing the author's attention to find out more about the contracting agreement. The method used is normative research because it only analyzes legal material that is relevant to the subject matter, namely regarding work contracting agreements. The research results state that a contracting agreement is a reciprocal agreement, whether stated in written form or only verbally. This is based on the principle of freedom of contract so that each person or party has the right to determine the form and substance of the agreement in accordance with the agreement reached. Work contracting agreements are also consensual because after reaching an agreement, especially agreeing on price and work, the rights and obligations of the parties immediately arise. The application of the principle of pacta sunt servanda should be based on the good faith of the parties so that disputes do not arise because the implementation of the agreement is carried out responsibly by the parties. Based on contract law, the party who feels aggrieved must first send a summons before filing a lawsuit, both PMH and WP.