TINJAUAN YURIDIS TERHADAP PERBUATAN WANPRESTASI DALAM PERKARA UTANG PIUTANG (STUDI PUTUSAN NOMOR : 6/PDT.G/2021/PN GDT)

Abstract

An agreement is a legal relationship regarding property between two parties, in which a party promises or is deemed to have promised to do something. In agreements, it often happens that the parties break their promises, do not carry out the rights and obligations that have been agreed between the two parties. Obligations that are not fulfilled or that are not carried out in accordance with the agreement or promise made, will result in the rights of other parties not being realized and are losses that no one wants. This research is entitled Juridical Review of Acts of Default in Debt and Credit Cases (Decision Study Number: 6/Pdt.G/2021/Pn Gdt). The purpose of this study is to find out what the legal consequences are for default in debt agreements and what is the juridical review of defaults in debt agreements in the Study of Decision Number: 6/Pdt.G/2021/Pn Gdt. This type of normative legal research, or "legal research conducted by examining literature as a basis for research by searching regulations and literature related to the problem under study", is the term used to describe this type of study. The agreement as regulated in Book III of the Civil Code Article 1313, namely: "An agreement is an act in which one or more people bind themselves to one or more other people". it is the result of an agreement between the parties, where the existence of the agreement will automatically bring up an agreement between them. The attachment that occurs is a form of obligation that is carried on the shoulders of the parties, and this obligation must be carried out or fulfilled. The provisions that protect the rights of the parties in these laws and regulations can be properly utilized by one of the parties who experience the impact of a default. Monetary debt agreements are included in the type of lending and borrowing agreements, this is as regulated and specified in Article 1754 of the Civil Code which clearly states that, "Lending and borrowing agreements are agreements whereby one party gives another party a certain amount goods that have been used up due to use, on condition that the party who recently agreed to the Law of Agreement returns the same amount of the same type and condition.” So that Indonesian law also prepares laws to ensnare perpetrators for parties who default on debts. This study concludes that debt agreements must still refer to the law as a guide in applying the rule of law, and the parties carrying out these activities must be responsible and if there is a default in the transaction activity, it must be resolved without harming the other party.