Tinjauan Yuridis Terhadap Wanprestasi Dalam Perjanjian Utang Piutang Dengan Jaminan Sertifikat Tanah Di Desa Sukaping Kecamatan Pangean Kabupaten Kuantan Singingi. ( Putusan Nomor 1/pdt.g.s/2021/PNTLK)

Fernando, Ipel Ijri (2022) Tinjauan Yuridis Terhadap Wanprestasi Dalam Perjanjian Utang Piutang Dengan Jaminan Sertifikat Tanah Di Desa Sukaping Kecamatan Pangean Kabupaten Kuantan Singingi. ( Putusan Nomor 1/pdt.g.s/2021/PNTLK). Other thesis, Universitas Islam Riau.

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Abstract

The receivable agreement with land certificate guarantee between Plaintiff Noprida Yanti and Defendant Yuliani Fitri, the Defendant will not return the debt within the stipulated time so that the debtor is deemed to have defaulted in accordance with Article 1313 BW. The plaintiff has visited many times and has good faith in Defendant I to ask for a refund of the money lent by Defendant I, but on the part of the defendant there is no good faith and always argues and does not pay the debt to the Plaintiff. So that the creditors took steps to settle litigation, asking the Teluk Kuantan District Court to resolve the problem. The formulation of the problem in this study is how the factors that cause default in the receivables agreement with guarantee certificates are based on decision No. 1/Pdt.G.S/2021/PN Tlk, and how is the process of resolving defaults in collateral receivables with land certificates based on decision No. 1/Pdt .G.S/2021/PN Tlk. This research method type and nature of the research is observational research. Empirical research uses legal materials consisting of primary data, namely data obtained directly from sources in the field and secondary data, namely data obtained from library materials which are divided into primary legal materials, secondary legal materials. This research was conducted by means of the authors obtained from the Plaintiff, Defendant 1, Defendant 2, Plaintiff's Lawyer, Taluk Kuantan District Court and drew conclusions using the inductive method, namely a statement of a specific nature that is general in nature. The results of this study are the first factor causing the default is the Defendant is not able to manage the business, the lack between the defendant and her husband, the defendant does not have good intentions and is responsible for paying the debt of Article 1338 of the Civil Code. The second process of default in the receivables agreement with the guarantee of land certificates Decision Number 1/Pdt.G.S/2021/PN Tlk. The loan agreement uses a deed under the hand. Fulfill the provisions in Article 1320 of the Civil Code regarding the terms of the agreement. The use of collateral for land certificates, as evidence of ownership of a plot of land, certificate of ownership of land parcels is legal evidence. In practice, the settlement of default between the plaintiff and the defendant is in accordance with the applicable law. That is, the first thing the plaintiff did was to give a subpoena to the defendant up to 3 times the subpoena and did not get a result and filed a simple lawsuit to the Teluk Kuantan District Court.

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