Aspek Hukum Perdata Terhadap Wanprestasi dalam Perjanjian Hutang Piutang Tanpa Jaminan (Studi Putusan No.409/Pdt.G/PN.Mdn)

Abstract

Debt agreements can not only be carried out with banking institutions but can also be done by anyone who has the ability to do so, through a loan agreement between the lender on the one hand and the recipient of the loan on the other. The problem in this study is how the legal consequences of default in the unsecured debt agreement are how the factors causing defaults in the loan agreement are not guaranteed by Decision No. 409 / Pdt.G / 2016 / PN.Mdn and how the process of resolving defaults in the loan agreement without guarantee to Decision No. 409 / Pdt.G / 2016 / PN.Mdn. The research method used is library research, namely by conducting research on various reading sources, namely books, legal magazines, opinions of scholars, law regulations and also lecture materials. Field research, namely by conducting spaciousness in this case the author immediately conducted a study at the Medan District Court by taking a case related to the title, namely about default in the unsecured loan agreement, namely Verdict No: 409 / Pdt.G / 2016 / PN .Mdn. Legal consequences of default in the loan agreement without guarantee on decision No. 409 / Pdt.G / 2016 / PN. The plaintiff suffered a loss of Rp. 570,000,000.- (five hundred seventy million rupiahs) as well as the decision given by the Panel of Judges, namely to sentence the defendant to pay the remaining debt to the plaintiff in the amount of Rp. 570,000,000.- (five hundred seventy million rupiahs) plus interest every month of 2% starting from October 2, 2015 until the defendant pays the debts in full to the Plaintiff. Sentencing the defendant to pay court fees of Rp. 694,000 (six hundred ninety four thousand rupiahs). Factors causing default in an agreement due to a factor of intentions and bad faith, in Decision No. 409 / Pdt.G / 2016 / PN. The Defendant borrowed money without collateral, but immediately left without news and paid for his obligations, even though he had been summoned verbally and in writing, but the defendant did not pay off the debt directly. The process of resolving defaults in the loan agreement without the guarantee of Decision No. 409 / Pdt.G / 2016 / PN.Mdn resolved through the Medan District Court process because it cannot be resolved by deliberation then resolved through the Court.