ANALISIS PENOLAKAN GUGATAN WANPRESTASI DALAM KASUS ALMAS VS GIBRAN: KAJIAN HUKUM PERIKATAN DAN FENOMENA VEXATIOUS LITIGATION

Abstract

This study aims to reject the breach of contract lawsuit filed by Almas Tsaqibbirru Re A against Gibran Rakabuming Raka at the Surakarta District Court. By referring to Article 1320 of the Civil Code (KUHPerdata), this study identifies the legal reasons underlying the court's decision, especially related to the valid conditions of the agreement that were not met in the lawsuit. The results of the study indicate that the government rejected the lawsuit due to the lack of a clear and valid obligation, so that the breach of contract lawsuit cannot be accepted. Furthermore, this study also discusses the concept of "vexatious litigation," which reflects the filing of a lawsuit without a clear basis for an obligation, and its impact on the integrity of the judicial system. By highlighting the importance of understanding the valid conditions of the agreement and good faith in filing a lawsuit, this study provides recommendations for parties who wish to file a breach of contract lawsuit to ensure compliance with applicable legal provisions. This study is expected to contribute to the understanding of contract law and judicial practice in Indonesia.