Analisis Terhadap Perbuatan Wanprestasi Dalam Kerjasama Jual Beli Sapi Qurban (Studi Putusan Perkara Nomor 26/PDT.G/2018/PN.PBR).

Aprinaldi, T. Reza (2022) Analisis Terhadap Perbuatan Wanprestasi Dalam Kerjasama Jual Beli Sapi Qurban (Studi Putusan Perkara Nomor 26/PDT.G/2018/PN.PBR). Other thesis, Universitas Islam Riau.

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Abstract

Default is the absence of an achievement in the law of the agreement, means something that must be implemented as the contents of an agreement. Perhaps in the Indonesian language the term "implementation of promises to achievement and the absence of its implementation promises to default. Based on the background above, problems arise, namely: 1) how is the act of default in the sale and purchase of sacrificial cows based on Case Decision Number 26/Pdt.G/2018/PN.Pbr, 2) how Judge's Legal Considerations Against Acts of Default in Cases Number 26/Pdt.G/2018/PN.Pbr. Judging from its type, this research is included in this research included in normative legal research, namely research as a characteristic in the field of law to discuss legal principles, systematics law, level of legal synchronization in Case Decision Number 26/Pdt.G/2018/PN.Pbr Meanwhile, judging from the nature of this research, it is descriptive. The results of the research show that the act of default in buying and selling sacrificial cows based on Case Decision Number 26/Pdt.G/2018/PN.Pbr, based on article 1320 of the Civil Code explains that the legal requirements agreement, the existence of an agreement to bind themselves, the ability to make an agreement, in accordance with the agreement made between the plaintiff and the the defendant dated January 20, 2015, the agreement dated November 1, 2015 and loan agreement dated 28 February 2017, the defendant has not fulfill its achievements by returning the business capital lent by the plaintiff in the amount of IDR 500,000,000 (five hundred million rupiah) plus profit for the sale of 50 (fifty) cows of IDR 150,000,000 (one hundred and fifty million rupiah), therefore the defendant has guaranteed his house and the defendant did not have good faith to return the joint capital the profit from the sale of qurban cows to the plaintiff is the act of the defendant can be categorized as an act of default as regulated in Article 1238 of the Civil Code. Judge's Legal Considerations Against Actions Default in Case Number 26/Pdt.G/2018/PN.Pbr, as for the The basis for the legal considerations of the panel of judges is based on the agreement on the 20th January 2015, agreement dated November 1, 2015 and loan agreement dated 28 February 2017 has been clearly acknowledged by the defendant and the defendant cannot return the capital that has been used to purchase sai qurban along with the advantages, this is in accordance with the provisions of Article 1925 Book Civil Code which reads: "Confession made before the Judge gave a perfect proof against who had do it either alone or with the intercession of a special person empowered to do so." Furthermore, Article 1926 of the Civil Code states: "A confessions made before the Judge cannot be withdrawn”. Then against the confiscation of collateral that has been filed and filed for on March 14, 2018 by the plaintiff must contain clearly and in detail in the consideration law

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