MAULIDYA, USWATUN EKA SILFI (2026) PEMBATALAN SECARA SEPIHAK PERJANJIAN JUAL BELI KOPI BERDASARKAN AKAD ISTISHNA: STUDI KASUS DI KECAMATAN KARE KABUPATEN MADIUN. S1 thesis, Universitas PGRI Madiun.
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Abstract
ABSTRACT Uswatun Eka Silfi Maulidya. 2026. Unilateral Cancellation of a Coffee Sale and Purchase Agreement Based on the Istishna Contract: A Case Study in Kare District, Madiun Regency. Undergraduate Thesis. Law Study Program, Faculty of Law, Universitas PGRI Madiun. Supervisors: (I) Nizam Zakka Arrizal, S.H., M.Kn.; (II) Dimas Pramodya Dwipayana, S.H., M.H. This research is motivated by the practice of coffee trading in Kare District, Madiun Regency, which is conducted through an ordering system before the harvest period and has characteristics similar to the Istishna contract. In practice, unilateral cancellation of agreements by one of the parties frequently occurs, potentially causing losses and legal uncertainty. This study aims to analyze the practice of coffee sale and purchase agreements between farmers and buyers based on the Istishna contract and to examine unilateral cancellation of such agreements from the perspectives of Islamic law and civil law. The research employed an empirical legal research method with an empirical juridical approach. Data were collected through interviews, observations, documentation, and literature studies. The data were analyzed qualitatively by relating the facts found in the field to the applicable legal provisions. The results of the study indicate that the practice of coffee trading in Kare District generally fulfills the essential elements of an Istishna contract because it involves the ordering of coffee products that have not yet been harvested, accompanied by agreements regarding the object and price. However, its implementation has not been optimal because most agreements are made orally without written contracts, and there is often a lack of detailed specifications regarding the goods and delivery time. Unilateral cancellation of agreements still frequently occurs due to changes in market prices, unclear agreements, and the parties’ limited legal understanding. From the perspective of civil law, such unilateral cancellation is contrary to the principle of pacta sunt servanda and may be categorized as a breach of contract (wanprestasi). Meanwhile, from the perspective of Islamic law, unilateral cancellation contradicts the principles of honesty, justice, and the obligation to fulfill contracts. Therefore, it is necessary to enhance legal awareness, ensure clarity in contractual agreements, and encourage the use of written contracts to create legal certainty and fairness for all parties involved. Keywords : Unilateral Cancellation, Coffee Sale and Purchase, Istishna Contract, Islamic Law, Agreement.
| Item Type: | Thesis/Skripsi/Tugas Akhir (S1) |
|---|---|
| Kata Kunci: | Unilateral Cancellation; Coffee Sale and Purchase; Istishna Contract; Islamic Law; Agreement |
| Subjects: | K Law > K Law (General) |
| Divisions: | Fakultas Hukum > Hukum |
| Depositing User: | SILFI EKA USWATUN |
| Date Deposited: | 10 Aug 2026 07:06 |
| Last Modified: | 10 Aug 2026 07:06 |
| URI: | http://eprint.unipma.ac.id/id/eprint/8344 |
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