Tinjauan Yuridis Perbuatan Melawan Hukum Debitur Dalam Perjanjian Kredit Bank (Studi Putusan Pengadilan Nomor 540/Pdt.G/2014/Pn.Mdn)

Abstract

This thesis discussion about tort in connection with the credit agreement whereby the bank one of the mengideintifikasi loan application made on behalf of a person while someone else's credit recipients. The problem posed is: how the legal consequences of the illegal act in the event of bank credit agreement, what factors cause of action against the law in the event of bank credit agreement and how the legal reasoning of judges to the Negeri Medan Court Decision No. 364 / Pdt.G / 2009 / PN.Mdn associated with tort in bank credit agreement? Normative research method is the type of research conducted by studying the existing norms or legislation related to the issues discussed. Source data were obtained on the secondary data is data including official documents, books, research results are tangible report. Results of research and analysis explains the legal consequences of the illegal act in the event of bank credit agreement then the PT. Bank Mandiri Tbk Center, Cg. PT. Bank Mandiri Tbk Cg Territory North Sumatra, PT. Bank Mandiri branch offices Representative Krakatau Medan and the second defendant, namely Eva Nurleni material Hutapea pay damages jointly and severally to Plaintiffs Rp. 200,000,000 (two hundred million rupiah). Factors that cause the occurrence of an unlawful act in the event of bank credit agreement is that there has been negligence on the part of PT. Bank Mandiri Tbk Center, Cg. PT. Bank Mandiri Tbk Cg Territory North Sumatra, PT. Bank Mandiri Tbk Medan Branch office Krakatau Representative for credit granting someone without a clear identity check on the loan application as well as the intention of the parties Eva Nurleni Hutapea for using the name of the other party in the management of credit dimohonkannnya. Legal considerations of the judge in Negeri Medan Court decision No. 364 / Pdt.G / 2009 / PN.Mdn associated with tort in bank credit agreement that the discretion of judges plaintiff in order to act Defendant I and Defendant II committed an unlawful act has been proven examination before trial