Wanprestasi (breach of contract)

In one sentence. The legal term for breaching a contract — delay, partial or defective performance; unlike force majeure it gives a right to penalty, damages and termination.

Wanprestasi (from the Dutch wanprestatie) is non-performance under Arts. 1238–1243 of the Civil Code: the debtor did not perform, performed late, partially or not as agreed. For a villa buyer the main case is a missed completion date.

The path: a written demand (somasi) with a reasonable deadline — from then the debtor is formally in default; a claim for the contractual penalty; if refused, mediation or court (for these sums and parties usually the Gianyar/Denpasar district court). Force majeure (overmacht) excuses liability only for events that could not be foreseen or prevented, and only if the contract provides for it.

Prevention beats litigation: a specific date and penalty figure in the contract (in DOMA projects — 0.5% per day for blocking the investor's access to the property, plus the contractor's deadlines and penalties under the construction contract), and act-based payments so a delay is not accompanied by your money.

Updated: 2026-09-20. Not a public offer. Regulations change — we cite enacted acts only and update the entry when they do.

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