PERALIHAN HAK ATAS BARANG JAMINAN DALAM UTANG PIUTANG KARENA WANPRESTASI (STUDI PUTUSAN PENGADILAN NO.6/PDT.G/2018/PN BTG, NO. 525/PDT/2018/PT SMG, NO. 2182 K/PDT/2019)

Harits Santoso, S.H, NIM.: 21203012002 (2023) PERALIHAN HAK ATAS BARANG JAMINAN DALAM UTANG PIUTANG KARENA WANPRESTASI (STUDI PUTUSAN PENGADILAN NO.6/PDT.G/2018/PN BTG, NO. 525/PDT/2018/PT SMG, NO. 2182 K/PDT/2019). Masters thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

A good agreement is an agreement that is based on good faith, but if one party does not have good intentions or does not carry out its obligations, an act of default will arise. filed a cassation with no. 2182/K/PDT/2019, the contents of which grant the cassation petition and cancel the Decision of the Central Java High Court in Semarang No. 525/Pdt/2018/PT SMG which upholds the Decision of the Batang District Court No. 6/Pdt.G/2018/PN BTG and sentenced the cassation respondent to pay a case fee of Rp. 500,000. Because this case started with a debt and receivables created in the agreement. Then there was a transfer of rights to collateral in debts and receivables due to default, so that regarding this issue the author felt the need for a more in-depth study regarding the transfer of rights to collateral in debts and receivables due to default. The problem in this research concerns what type of agreement there is in the event of a transfer of ownership rights over collateral in debts and receivables when a default occurs and what is the juridical and Islamic law review regarding the transfer of ownership rights of collateral to creditors directly after a default occurs from a court decision. This research method uses a normative legal research type, with a literature study method, and uses a statutory approach, conceptual approach and case approach, which is then analyzed descriptively qualitatively. The theories used are contract law, guarantees, mortgage rights. The results of this research indicate that the transfer of agreements carried out by debtors and creditors is contrary to the laws and regulations in force in Indonesia and also the transfer of ownership rights to collateral carried out by creditors also violates the procedures in force in Law No. 4 of 1996 regarding mortgage rights over land and objects related to the land, prohibitions on agreements like this are called beding property agreements, a reference to Article 1178 of the Civil Code and Article 12 of Law No. 4 of 1996 concerning mortgage rights over land and objects related to it. related to land. In this breach of contract case, the final decision of the cassation stated that it canceled the court decision number 525/Pdt/2018/PT Smg which upheld the decision of the Batang District Court number 6/Pdt.G/2018/PN Btg. Based on article 1178 of the Civil Code, the debt and receivable agreement between the debtor and the creditor contains a beding property clause, so that the debt and receivable is null and void, as is the power of attorney to sell number 77/2017 for the sale and purchase of the disputed object with the ownership certificate number 00061 between the creditor and the debtor is void. by law.

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