Perlindungan Hukum Terhadap Kreditur Atas Wanprestasi Debitur Dalam Perjanjian Pembiayaan Konsumen No. 10-411-13-00278 Berdasarkan Asas Keseimbangan dan Itikad Baik (Studi Perkara No. 78/PDT.G/2016/PN.RAP)

Aritonang, Pasonang (2020) Perlindungan Hukum Terhadap Kreditur Atas Wanprestasi Debitur Dalam Perjanjian Pembiayaan Konsumen No. 10-411-13-00278 Berdasarkan Asas Keseimbangan dan Itikad Baik (Studi Perkara No. 78/PDT.G/2016/PN.RAP). Other thesis, Universitas Islam Riau.

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Abstract

Defaults that occur and are decided through the Rantauprapat District Court in a civil case in No. 78 / Pdt.G / 2016 / PN.Rap. The plaintiff in this case is PT. OTO Multiartha, while the defendant is Habibullah Harahap. When viewed from the legal protection efforts, especially in litigation, the principle of balance has no effect but the principle of good faith plays an important role. Likewise, although the debtor wins at BPSK and the first level of BPSK Objection Request, the civil suit can still be submitted and accepted by the Rantauprapat District Court to provide legal protection for the parties, especially creditors in this case. The main problem in this minithesis is, how is the application of the principle of balance and good faith in consumer financing agreement No. 10 - 411 - 13 - 00278 in case No. 78 / Pdt.G / 2016 / PN.Rap and how legal remedies can be done by creditors to achieve legal protection against debtor default based on Book III of the Civil Code? This type of writing belongs to the type of normative research in the form of document studies that seeks to obtain data and information related to research from several documents in the form of Consumer Financing Agreement No. 10- 411-13-00278 and Case Decision No. 78 / Pdt.G / 2016 / PN.Rap. If viewed from its nature, this research is descriptive. The data used by the writer is secondary data. From the results of this study it can be concluded that, the principle of balance cannot be implemented and so is good faith. This is because the dominance of business actors makes the imbalance of rights and obligations in the agreement and good faith cannot be predicted because it comes from the debtor's person. So that the legal protection efforts of creditors are finally fulfilled, starting from arbitration through BPSK, Refusing BPSK, to the Rantauprapat District Court with a breach of lawsuit.

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