Akibat Hukum Perbuatan Wanprestasi Dalam Perjanjian Hutang-Piutang

Abstract

Accounts payable is a practice of lending and borrowing generally in the form
of money as the object of the loan that is done by someone with another person made in
an agreement. The agreement itself has been regulated in the provisions of the Civil Code
(Civil Code). In civil law the agreement has been regulated regarding the rights and
obligations of the parties making the agreement. The party that gives the loan is called
the creditor while the party that receives the loan is called the debtor. Creditors are
entitled to fulfillment of achievements while debtors must carry out their achievements.
However, in reality the legal relationship between creditors and debtors, especially
regarding agreements, is often problematic so that defaults arise. Default is a negligent
event where a person does not carry out his performance or does not fulfill his obligations
accordingly, thus causing harm to one party. This research is entitled "Legal Effects of
Defaults in the Debt Agreement (Civil Case Study Case No.638 / Pdt.G / 2017 / PN Dps).
This study aims to find out how the legal consequences if defaulting and how judges
consider in deciding default cases (Civil Case Study Case No.638 / Pdt.G / 2017 / PN
Dps). This research method uses a normative juridical method that is descriptive in
nature. Data sources consist of primary data, namely interviews and secondary data,
namely primary, secondary and tertiary legal data. Methods of collecting data through
literature studies and field studies (interviews), then the data is analyzed qualitatively.
The results of the study concluded that the legal terms of the agreement were in
accordance with article 1320 of the Civil Code (KUHPerdata), namely the existence of
agreements, skills, objects or certain things, legal causes or causes as well as the article
1338 Civil Code (KUHPerdata). Judges 'consideration in terminating the disputes
between the creditors' debt agreement with the debtor in accordance with case No.638 /
Pdt.G / 2017 / PN Dps is correct, namely by looking at the evidence both written evidence
and evidence from the parties. Based on the evidence attached to the trial the judge
decided to grant the plaintiff's claim and stated that the defendant was found guilty or in
default.