Tinjauan Yuridis Terhadap Wanprestasi dalam Akte Pengakuan Hutang dengan Jaminan (Studi Putusan No. 158/PDT.G/2013/PN.MDN)

Abstract

For a relatively large loan, a general guarantee is required in the debt of the receivable. The value of the collateral object is usually, at the time of the estimate, of a higher value than the principal and interest. The collateral for the debts of the debtor between the Borrower and the Creditor shall be followed by the proxy of such guarantee. Authority in question is the power to sell the guaranteed collateral object if at any time the Debtor suffered a default. One of the goals in writing this thesis is as a requirement to obtain a Bachelor of Law at the Faculty of Law, University of Medan Area, considering this is an obligation for every student who will complete his studies. Type of research on writing this thesis is normative and empirical. The nature of this thesis research is descriptive analytical research, ie research consisting of one variable or more than one variable. The location of the research is in Medan District Court which is also the location to obtain Decision Number 158 / PDT.G / 2013 / PN.MDN. Time of study in January-February 2018. Techniques Data collection is primary, secondary and tertiary. In the event that the debtor fails to fulfill the duties properly and there is an element of negligence and wrong, then there is a legal effect upon which the creditor may sue the debtor, as provided for in Article 1236 of the Civil Code and Article 1243 of the Civil Code, also set forth in Article 1237 Civil Code. The Defendants' does not fulfill its obligations to carry out The payment of money is sufficiently qualified as an act of broken promises (wanprestasi). The parties, especially creditors, often ask that the accounts payable is made by a notary acknowledgment by a notary with the intention that in the event of default, grosse may be requested, because grosse deed is a copy of a notarized deed. The deed of debt recognition is a unilateral agreement, in which it can only contain an obligation to pay the debt of a certain amount of money. From the whole set of legal considerations, the judges concluded that the plaintiff had "not succeeded", to prove the argument of the principal of his lawsuit as stated in the plaintiff's lawsuit which essentially stated that the plaintiff was merely an intermediary rather than a " who has debts / debtors "or the person who borrows money from the defendant I.