Wanprestasi is the implementation of obligations that are not fulfilled or broken promises or negligence made by the debtor either due to not carrying out what has been promised or even doing something that according to the agreement cannot be done. The term default comes from the Dutch language, which is “wanprestatie” which means that the achievement or obligations that have been determined against certain parties in an engagement are not fulfilled, whether it is an agreement that is born from an agreement or an agreement that arises because of law.

FORM OF WANPRESTASI

1. did not fulfill the achievement at all. In connection with a debtor who does not meet his performance, it is said that the debtor does not meet any achievements at all.
2. Meets achievements but not on time. If the achievement of the debtor can still be expected to be fulfilled, then the debtor is deemed to have met the achievement but not on time.
3. Meets achievement but not appropriate or wrong. A debtor who fulfills an achievement but makes a mistake, if the wrong achievement cannot be corrected, the debtor is said to have not met the achievement at all.

CONDITIONS OF WANPRESTASI

1. Materill requirements, namely:
   a. deliberate, something that someone wants and knows and is aware of, causing harm to other parties.
   b. Negligence, things done where someone who is obliged to excel should know or should suspect that the actions or attitudes taken by him will cause losses.
   
2. Formal Requirements, namely the existence of a summons on the debtor which is officially declared. Somasi is a strong written warning from the creditor in the form of a deed to the debtor, so that the debtor must perform and be accompanied by a sanction or fine or penalty that will be imposed or applied, if the debtor defaults or is negligent.

CAUSES OF PROPERTIES

• There is negligence of the debtor (customer), the loss can be blamed on him (the debtor) if there is an element of intent or negligence. Negligence is an event in which a debtor should know or should suspect that the actions or attitudes taken by him will result in losses.
• Due to a state of force (overmacht / force majeure). a condition where the debtor’s achievement cannot be fulfilled due to an event that was not his fault. events which cannot be known or foreseeable will occur at the time of making the engagement. In this coercive situation, the debtor cannot be blamed because the coercive situation arises beyond the will and ability of the debtor.

LEGAL DUE TO WANPRESTATION

1. Pay for losses suffered by creditors (compensation).
2. Cancellation of the agreement.
3. Transfer of risk. The object promised is the object of the agreement since the time the obligation is not fulfilled becomes the responsibility of the debtor.
4. Pay the court fee, if it comes to trial in front of a judge.