TINJAUAN YURIDIS TERHADAP PERJANJIAN PINJAM-MEMINJAM UANG YANG DINYATAKAN BATAL DEMI HUKUM (Studi Kasus Putusan Nomor 451/Pdt.G/2012/PN.Jkt.Bar)

Abstract

Agreement law in business practice is present as one of the aspects that is developing very rapidly throughout the world, to meet the needs of human transactions. However, along with the development of contract law in business practice, the actors are sometimes unable to act solely on the basis of the provisions in Book III of the Civil Code concerning Contracts. This study aims to find out whether the West Jakarta District Court judge's decision to decide on a loan agreement between Nine AM Ltd. with PT. Bangun Karya Pratama Lestari is null and void according to the law whether it complies with the legal agreement or not and to state the juridical implicit of the West Jakarta District Court's Decision in Case Number 451/Pdt.G/2012/PN.Jkt.Bar regarding the cancellation of the loan-borrowing agreement. This study uses a type of normative research (normative legal research) using a statutory research approach (statute approach) and a case approach (case approach). The results of this study are 1) The decision of the West Jakarta District Court is in accordance with the law of the agreement that the agreement is null and void. This is because the Loan Agreement has violated the provisions of Article 1320 of the Civil Code, namely it does not fulfill the elements of a lawful cause and contradicts Article 31 of the Language Law and Article 1339 of the Civil Code which stipulates that an agreement is not only bound by what is expressly agreed in the agreement, but also bound by decency, custom, and law. 2) The juridical implication of the decision is that any agreement that is not made in accordance with the provisions of Article 31 of the Language Law will be declared null and void/the agreement is deemed to have never existed and the parties are returned to their original condition. Likewise with any follow-up agreements (accessories) will also be declared null and void, even though the agreement was made in the presence of the official who provided it.

Keywords : Agreement, Borrow Money, Null and Void.