ANALISIS AKIBAT HUKUM PADA PUTUSAN NOMOR 59/PDT.G/2020/PN SURABAYA TERKAIT DENGAN PERJANJIAN JAMINAN HUTANG BERDASARKAN KOMPILASI HUKUM EKONOMI SYARI’AH (KHES)

Abstract

This research is based on the legal consequences between the defendant and the plaintiff in the
case in the District Court Decision Number 59/Pdt.g/2020/Pn Surabaya. In this case involving
the creditor with the debtor, where the plaintiff states that there has been a default on the
agreement that has been made between the defendant and the plaintiff. In this study, the subject
of discussion is how the debt suspension guarantee rules contained in the Compilation of Sharia
Economic Law, and how the legal consequences given by the judge to the defendant in the
district court decision number 59 / pdt.g / 2020 / Pn Surabaya The type of research used in this
study is using normative research, with a case approach, analyzing through district court
decisions, containing sources from various books and journals, and using a statutory approach.
The results of this research revealed that the legal consequences received by the defendant were
not in accordance with the Compilation of Sharia Economic Law (KHES), where the judge was
not careful in deciding the case filed by the plaintiff against the defendant, the defendant was
asked for a compensation fine due to his negligence in becoming a guarantor of debt, but the
defendant had previously surrendered some assets and privileges as collateral.