Tinjauan Yuridis Wanprestasi Atas Surat Atau Akta Pengakuan Hutang Dengan Jaminan (Studi Putusan Nomor:155/PDT.G/2021/PN PBR)

Agustine, Mellysa (2022) Tinjauan Yuridis Wanprestasi Atas Surat Atau Akta Pengakuan Hutang Dengan Jaminan (Studi Putusan Nomor:155/PDT.G/2021/PN PBR). Other thesis, Universitas Islam Riau.

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Abstract

The default case occurred between the aggrieved party and the defendant, for this situation Mr. Mardius as the aggrieved party and Mr. Benny Rioktiana as the litigant. The main problem is that the defendant obtained cash from the aggrieved party and was given collateral as a statement of ownership No.:1157, District of Fifty, Sekip City, Pekanbaru City for the case (Benny Rioktiana. Bachelor of Work). However, after some time, the plaintiff was unable to pay the injured party's money and it was agreed that the ratification made to the plaintiff be returned to the defendant by drawing up a deed or a letter confirming the obligation. by returning endorsement No. 1157 in favor of the litigants, a letter or deed of confirmation of obligations was drawn up on 12-27-2018 in the amount of Rp. 422,500,000, (400 22 Million 500,000 Rupiah) which was legalized at the Mukhlis Public Accountant Office, SH on Jl. Prof. M. Yamin, SH No. 25 B. Pekanbaru with Number: 52/Peng/XII/2018 dated 27 December 2018. The formulation of the problem in this study is to legally review defaults on letters or deed of acknowledgment of debt with guarantees that are disputed between the plaintiff and the defendant in court and review the considerations of the panel of judges in deciding cases of default on letters or deed of acknowledgment of debt with guarantees based on appropriate laws and regulations. This research is a type of descriptive normative legal research. Normative legal research is legal research based on rules or norms in laws and regulations. The results of the study found that in the case of the defendant's negligence in keeping the promise contained in the acknowledgment of debt, based on Article 1239 of the Civil Code, each agreement to do something, or not to do something, must be resolved by providing reimbursement of costs, losses and interest, if the debtor does not fulfill his obligations. Juridically, in the civil law aspect, default on a letter or deed of acknowledgment of debt is regulated under Article 1320, Article 1238, Article 1234, Article 1237 of the Civil Code. The panel of judges in giving a decision was considered to have not fulfilled a sense of justice in deciding cases of default on a letter or deed of acknowledging debt with collateral in Decision Number: 155/Pdt.G/2021/PN Pbr. granted the plaintiff's claim in part. That is, the plaintiff's claim was not granted regarding the delivery of collateral in the form of certificate of ownership right No: 1157, District of Fifty, Sekip Village, Pekanbaru City to the plaintiff as for loan guarantees given by the plaintiff to the defendant. In addition, the amount of immaterial losses suffered as a result of bank interest that has been lent to the defendant should also be borne by the defendant.

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