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| Jenis | : |
KKM
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| Judul | : |
TINJAUAN YURIDIS TERHADAP WANPRESTASI DALAM PERJANJIAN KREDIT DENGAN PENYERAHAN AGUNAN OLEH DEBITUR PT. BANK RAKYAT INDONESIA (PERSERO) TBK KANTOR UNIT LAMALAKA SULAWESI SELATAN (Studi Putusan Nomor 1/Pdt.GS/2023/PN Ban)
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| Subjek | : |
Contracts
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| Pengarang | : |
Zulfa Ariza Ardani
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| Pembimbing | : |
Sulistyandari,
Nur Wakhid
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| Prodi | : |
ILMU HUKUM
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| Tahun | : |
2024
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| Call Number | : |
346.022 ARD t
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| Perpustakaan | : |
Fakultas Hukum
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| Letak | : |
1 eksemplar di Koleksi Referensi
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Abstrak :
This research is motivated by the actions of customers of PT. Bank Rakyat
Indonesia (Persero) Tbk, which did not make debt payments on time, resulting in
losses for PT. Bank Rakyat Indonesia (Persero) Tbk. Therefore, the plaintiff filed a
lawsuit for compensation on the basis of breach of contract. The purpose of this
research is to analyze the judge's legal considerations in deciding on default and
to analyze the auction lawsuit for the debtor's property submitted by PT. Bank
Rakyat Indonesia (Persero) Tbk Lamalaka Unit Office, South Sulawesi. The method
used in this research is normative juridical with prescriptive research
specifications. Data comes from secondary data. The data collection method was
carried out by literature study, presented in narrative text and using qualitative
normative analysis methods.
Based on the results of the research and discussion, it can be concluded that
first, the judge's consideration in declaring the debtor has committed a default is
correct and in accordance with the provisions, namely Article 1243 of the Civil
Code and in accordance with the elements of a default by stating that there is an
agreement between the debtor and the creditor, the debtor is not performing well
and the debtor is wrong. However, in stating the legal basis for default, the judge
should use Article 1238 of the Civil Code. Because Article 1243 of the Civil Code
refers to compensation for losses and interest if the debtor has been declared
negligent in fulfilling the obligation. Second, PT. Bank Rakyat Indonesia (Persero)
Tbk Lamalaka South Sulawesi Unit Office as the Plaintiff was not careful in
accepting collateral to guarantee the Defendants' loans. The plaintiff should be
able to submit an application for collateral confiscation. The application must be
accompanied by a clear statement of evidence, so that the judge can consider the
request for confiscation of the guarantee. If the judge accepts and grants the request
for confiscation of collateral for the goods belonging to the Defendants submitted
by the Plaintiff, then an auction of the collateral for the goods belonging to the
Defendants can be carried out.
Keywords : Default, Auction, Guarantee
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