wanprestasi

Wanprestasi is a term used in Indonesian civil law to describe the breach or non-fulfillment of an obligation arising from a contract or other binding legal relationship. Derived from the Dutch term wanprestatie, it covers situations where a debtor fails to perform as agreed, performs late, performs incompletely, or delivers what does not match the contract. Wanprestasi is a civil, not criminal, matter and is evaluated based on the terms of the agreement and applicable law.

Elements commonly cited in practice include: a binding obligation exists; the debtor has not performed, or performed only partly or wrongly; the due date or standard of performance has passed; the failure is attributable to the debtor (fault, negligence, or intentional act); and the creditor suffers losses or stands to incur damages as a result.

The consequences of wanprestasi include the creditor’s rights to seek remedies such as specific performance (demanding proper fulfillment if feasible), damages for loss and harm caused by the breach, and, in some cases, termination of the contract. Over time, contract clauses may also provide for a penalty or late-delivery fee (dwangsom) as a deterrent or to encourage timely fulfillment.

Wanprestasi is distinguished from force majeure (keadaan kahar), which excuses liability when performance is prevented by events beyond the debtor’s control, such as natural disasters or other extraordinary circumstances. It is also contrasted with anticipatory breach, where a party indicates an inability to perform before the due date.

Examples include late delivery of goods, delivery of defective or non-conforming items, or failure to perform service obligations as agreed.