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TINJAUAN YURIDIS TERHADAP WANPRESTASI OLEH DEBITUR DALAM PERJANJIAN KREDIT DENGAN JAMINAN SERTIFIKAT HAK MILIK ATAS TANAH (STUDI PUTUSAN NOMOR: 89/Pdt.G/2023/PN Yyk)
A credit agreement is a legal relationship between a debtor and a creditor that contains reciprocal rights and obligations, and has the potential to cause disputes if one party does not fulfill its obligations. Default or breach of promise by the debtor is a form of contract violation that can affect the creditor's right to claim compensation or execute collateral. This study discusses default by the debtor in a credit agreement with a land ownership certificate as collateral, with a case study of the Yogyakarta District Court Decision Number 89/Pdt.G/2023/PN Yyk. The method used in this study is normative juridical, namely by examining relevant laws and regulations and analyzing related court decisions and supported by interviews with related parties. This study also uses a case study approach to see how legal norms are applied in dispute resolution practices. In this case, the debtor was declared in default because he was negligent in carrying out his credit payment obligations, so that the creditor had the right to execute the collateral object in the form of a plot of land that had been burdened with a mortgage. The results of the study show that the legal consequences for debtors who are in default are required to provide compensation in accordance with the provisions of Articles 1234 and 1243 of the Civil Code, and give creditors the right to execute the object of the mortgage as regulated in the Mortgage Law. The decision provides legal certainty for creditors and emphasizes the importance of collateral in providing credit as an instrument of protection against the risk of default. The legal considerations of the panel of judges in resolving the default on credit agreement number 89/Pdt.G/2023/PN Yyk, namely a credit loan agreement between the Plaintiff and the Defendant have been agreed upon by both parties, the credit loan agreement is valid. The Defendant has been proven not to have carried out the performance obligations as stipulated in Article 1234 of the Civil Code, so the Defendant has committed a default, the Plaintiff's lawsuit contains a penalty for the Defendant to pay off his debt arrears to the Plaintiff. The decision provides legal certainty for creditors and emphasizes the importance of collateral in providing credit as an instrument of protection against the risk of default.
FAKULTAS SYARI’AH DAN HUKUM, UIN SUNAN KALIJAGA YOGYAKARTA
TINJAUAN YURIDIS TERHADAP WANPRESTASI OLEH DEBITUR DALAM PERJANJIAN KREDIT DENGAN JAMINAN SERTIFIKAT HAK MILIK ATAS TANAH (STUDI PUTUSAN NOMOR: 89/Pdt.G/2023/PN Yyk) (Text)
TINJAUAN YURIDIS TERHADAP WANPRESTASI OLEH DEBITUR DALAM PERJANJIAN KREDIT DENGAN JAMINAN SERTIFIKAT HAK MILIK ATAS TANAH (STUDI PUTUSAN NOMOR: 89/Pdt.G/2023/PN Yyk) (Other)
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