Tinjauan Yuridis terhadap Penyelesaian Wanprestasi dalam Perselisihan Utang Piutang (Studi Kasus Putusan No.30/Pdt.G/2011/Pn.Mdn)

Abstract

Agreement Debt – Claim have power law that binding between second sides. such as case law – laws, if any one party do not carry out the agreement means have been doing Default, there is a possibility in agreement could lead to action against the law, because any deviation from the contents of the agreement and cause losses. It allows the parties to an agreement Debt – Claim which resulted in losses may be subject to a lawsuit by tort. If someone is in debt does not fulfill its obligations, then according to the legal language owe have done defaults that cause owe can be sued in front of a judge and if the debtors refused and did not provide a response to redress the rights granted to creditors sue perpetrators of ( Debtors ). In the agreement to give something, or to do some thing, parties – determine the deadline implementation fulfillment unspecified achievement, it is necessary to warn the debtor in order to fulfill his achievements. Then the problem discussed is the terms of a settlement agreement valid default in disputes debts to both parties related. The authors examine the problem by using the method normative and empirical legal research. The research results show that an agreement Debt – Claim which resulted in losses may be subject to a lawsuit by tort because that occurred between the parties are not included in the contract agreement, and the defendants be punished to pay compensation jointly and severally. Preferably to avoid Disputes, the parties should act with faith either in accordance with the contents of the agreement and did not do anything as opposed to legislation, public order, morals nd decency