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PENYELESAIAN PERKARA WANPRESTASI PERJANJIAN UTANG PIUTANG TANPA SITA JAMINAN (STUDI PUTUSAN NOMOR 67/PDT.G/2023/PN YYK)
Default often occurs in debt agreements, especially for agreements made verbally. Losses received by creditors due to default are one of the reasons for a lawsuit to the court. Lawsuits due to default are generally accompanied by a request for collateral seizure as an effort to secure the creditor's position as the Plaintiff so that their rights can be restored. The same thing happened in Decision No. 67 / Pdt.G / 2023 / PN Yyk. The Plaintiff in the case filed a request for seizure of collateral in the hands of the Plaintiff and other assets belonging to the Defendant. The request for collateral seizure was not granted by the Panel of Judges on the grounds that the Plaintiff had never filed a request for collateral seizure. Meanwhile, the request for collateral seizure has been argued in the posita and emphasized in the petitum. So the problem that will be analyzed in this thesis is how the judge's consideration of the a quo case, especially regarding the failure to grant the request for collateral seizure based on the legal certainty and what legal consequences the Plaintiff will receive. This research is a field research, which uses interviews, documentation studies and literature studies as data collection techniques. The approach used is empirical juridical because it examines the law that has been applied through court decisions which are then correlated with normative truth (legislation), to be described descriptively analytically. The data analysis used is qualitative with inductive reasoning to analyze a legal case based on a court decision which is then linked to widely binding legislation. The theories used in this study are the theory of agreement, the theory of legal certainty, the theory of legal justice and the theory of legal utility. The results of this study conclude that: First, the Judge's considerations regarding the application for collateral seizure are contradictory to those submitted by the Plaintiff in his arguments in the posita and petitum. The judge's considerations that are not relevant to the posita and petitum result in the failure to implement legal certainty. Second, the legal consequences received by the Plaintiff is that there is no coercive effort that the Plaintiff can take through the court to execute the collateral in the hands of the Plaintiff, if the Defedant does not carry out the decision. The Plaintiff clearly only won on paper. Justice and benefits that the Plaintiff should receive as the party whose rights have been harmed cannot be achieved through this decision because based on the ruling the real execution intended by the judge cannot be carried out.
FAKULTAS SYARI’AH DAN HUKUM, UIN SUNAN KALIJAGA YOGYAKARTA
PENYELESAIAN PERKARA WANPRESTASI PERJANJIAN UTANG PIUTANG TANPA SITA JAMINAN (STUDI PUTUSAN NOMOR 67/PDT.G/2023/PN YYK) (Text)
PENYELESAIAN PERKARA WANPRESTASI PERJANJIAN UTANG PIUTANG TANPA SITA JAMINAN (STUDI PUTUSAN NOMOR 67/PDT.G/2023/PN YYK) (Other)
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