WANPRESTASI PENUNDAAN PEMBAYARAN PADA AKAD ISTISHNA’ MENURUT HUKUM POSITIF DAN FATWA DSN-MUI NO. 06/IV/2000 (Studi Kasus Usaha Menengah,Kecil dan Menengah Lampung Tengah)

Abstract

This study examines breach of contract in the form of delayed payments under the istishna’ contract among Micro, Small, and Medium Enterprises (MSMEs) in Central Lampung. Although based on Islamic principles and regulated by DSN-MUI Fatwa No. 06/IV/2000, istishna’ contracts remain subject to Indonesian civil law. Findings reveal that delayed payments without a new agreement constitute a breach of contract (wanprestasi) under Article 1238 of the Civil Code. Creditors are legally entitled to demand performance, compensation, or contract termination. However, in practice, formal legal remedies are rarely pursued, as MSMEs prefer non litigation settlements. This indicates a gap between legal norms and social practices. The study highlights the importance of clear and enforceable contractual clauses as instruments for legal protection and business sustainability.

Keywords: Istishna’, breach of contract, Civil Code, DSN-MUI, MSMEs