WANPRESTASI DALAM PERJANJIAN LISAN HUTANG PIUTANG ATAS DASAR KEPERCAYAAN DENGAN SISTEM PEMBUKTIAN ELEKTRONIK (STUDI PUTUSAN NOMOR 84/PDT.G/2022/PN YYK)

Ayu Noviantari, NIM.: 17103040106 (2023) WANPRESTASI DALAM PERJANJIAN LISAN HUTANG PIUTANG ATAS DASAR KEPERCAYAAN DENGAN SISTEM PEMBUKTIAN ELEKTRONIK (STUDI PUTUSAN NOMOR 84/PDT.G/2022/PN YYK). Skripsi thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

The implementation of an agreement made by the parties is often done verbally without thinking about the risk if later there is a dispute or default. Regarding this form of default, there are several types that can be seen from the behavior of the debtor in committing default. If a default occurs, the aggrieved party has the right to claim compensation. Compensation for losses due to acts of negligent debtor default is regulated in Article 1243 of the Civil Code. Oral agreements are considered to have the same legal force as written agreements. However, in fact this oral agreement has weaker legal force than a written agreement because there will be difficulties in the verification process. So there is a need for legal protection so that the aggrieved party can regain their rights. In the process of proving at trial one of the parties is often absent which results in the mediation process being unable to be carried out and a decision being made default. This type of research is library research. This research is descriptive-analytical. The approach in this study uses a normative-juridical approach. The data in this study were strengthened by the results of interviews with Yogyakarta District Court judges. This Study uses the theory of legal protection, contract theory, and the theory of default and proof. The results of the research on Decision Number 84/Pdt.G/2022/PN Yyk concluded that: First, The default that occurred in the case in this decision was caused by the intentional/negligence of the debtor. The debtor's default here is in the form of fulfilling achievements but not time. Classified in the default because the debtor can still be expected to fulfill his achievements. Second, In agreement made orally, it is usually done because of a basis of trust between the creditor and the debtor. This verbal agreement has weak power in terms of proof. After a default occurs, legal protection repressive made by the Government so that the aggrieved party in the agreement can regain his rights. The process of proving agreement is made verbally, then other evidence is still needed as reinforcement to prove the truth of the claims' arguments. The presence of two litigants in court is highly recommended so that mediation can be carried out and if this mediation fails both parties can prove each other so that a decision does not occur default.

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