Kedudukan Surat Pernyataan Peminjaman Uang Sebagai Perjanjian Menurut Kitab Undang–Undang Hukum Perdata

Rizal, Prihet Primedly (2022) Kedudukan Surat Pernyataan Peminjaman Uang Sebagai Perjanjian Menurut Kitab Undang–Undang Hukum Perdata. Other thesis, Universitas Islam Riau.

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Abstract

An agreement made between the parties. Srihayati and an. Linda musnita, namely a money-borrowing agreement made based on a statement letter stating the existence of an agreement between the parties. With the agreement, there is no special deed of agreement and witnesses who witnessed the existence of a loan agreement that occurred, so they rely on mutual trust. The main problems that the author examines in this research are 1) What is the position of the statement letter for borrowing money as an agreement according to the Civil Code? 2) What is the position of the statement letter for borrowing money as evidence according to the Civil Code? This research is classified as juridical-normative research, while the nature of this research is descriptive which reveals regulations related to legal theory as objects with their implementation in society. Furthermore, the authors use data and data sources from primary legal materials that are used as examples and secondary legal materials which are books and expert opinions and then supplemented with articles. With deductive conclusions drawn. The results of this analysis indicate that: 1) the position of a statement made in a loan agreement can have a legal position as a written form in the existence of an agreement, because an agreement has a legal position as long as it fulfills the validity of a legal requirement described in the Civil Code Article 1320. 2) a statement letter has the position as evidence in a money-borrowing agreement that occurs if the existence of a statement by the parties stated can be confirmed as genuine and the parties concerned acknowledge the existence of the said matter. so that the statement letter can be used as an evidence document by adding other supporting evidence such as: witnesses, confessions, prejudices and oaths of Article 1866 of the Civil Code.

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