Tinjauan Yuridis Terhadap Wanprestasi dalam Hutang Piutang dan Akibat Hukumnya (Studi Putusan Pengadilan Negeri Medan No.528/Pdt.G/2015/PN.Mdn)

Abstract

The agreement can also be called agreement, which is a translation of the word overeenkomst. The agreement can also be called a contract, which is an event where someone promises to someone else where two people promise each other to do something. The agreement cannot be equated with a promise. Basically the promise is based on an agreement, but the agreement does not cause legal consequences, which means lower if the promise is violated, there are no legal consequences or no sanctions. The problems that will be examined in this study are; First, how is the form of default that occurs in the loan agreement related to District Court Decision No.528 / Pdt.G / 2015 / PN.Mdn; Second, what are the legal consequences for the parties after the verdict of default in the Medan District Court No.528 / Pdt.G / 2015 / PN.Mdn. The violated agreement is then called default. Self-default is a situation where the debtor does not carry out an agreement in accordance with what is mutually agreed upon or can be said to be negligent in carrying out the obligations, thus causing a loss on one of the parties. Losses experienced by one party can be asked for compensation through a summons first, but if it is not responded to by the defaulting party, the party who feels aggrieved can sue the person in front of the court. The type of research in this thesis is normative juridical research. The purpose of normative juridical research is an approach carried out based on the main legal material by examining theories, concepts, principles of law and legislation related to this research. This research is also known as the library approach, namely by studying books, legislation and other documents related to this research. In this study using the Civil Code or commonly referred to as KUHPdt as the main source of research related to this agreement. This research was conducted at the Medan District Court. This study uses secondary data is research where the data used by researchers is data collected by others. Data collection techniques used are Library Research (Library Research) and Field Research (Field Research). The method of data collection is a technique or method carried out by researchers to collect data carried out to obtain the information needed in order to achieve the research objectives which in this study used the interview process through resource persons. Interviews conducted in this study were interviews through judges who acted as informants or resource persons who took place at the Medan District Court. From the results of the study it was found that this default originated from the inability of a person to pay his debt, even though he had promised to pay his debt on time in accordance with what was promised. But until the maturity date of the agreement, the debtor has not been able to pay, even though the lender has given a reprimand to the debt owed to pay off his debt. The purpose of this study is to find out the form of default that occurs from the consequences of negligence of the debtor, as well as the legal consequences that occur if this problem has been decided by the court.