MENU
|
|
|
| Jenis | : |
KKM
|
| Judul | : |
TINJAUAN YURISDIS WANPRESTASI PADA PERJANJIAN KREDIT DI PT BPR KLEPU MITRA KENCANA (Studi Putusan PN No 11/Pdt.GS/2023/PN.Smg)
|
| Subjek | : |
Contracts
|
| Pengarang | : |
Bagus Surya Ardi Nugroho
|
| Pembimbing | : |
Sulistyandari,
Nur Wakhid
|
| Prodi | : |
ILMU HUKUM
|
| Tahun | : |
2024
|
| Call Number | : |
346.022 NUG t
|
| Perpustakaan | : |
Fakultas Hukum
|
| Letak | : |
1 eksemplar di Koleksi Referensi
|
|
Abstrak :
A default is an event or circumstance in which the debtor fails to fulfil his obligation to
perform his obligations properly.. Default is regulated in Article 1238 of the Civil Code.
The risk of default arising for the bank is in the form of material losses resulting from
delays in payment of principal and interest installments. In this way, the bank's
opportunity to earn interest income and receive the principal debt is delayed.
The purpose of this research is to find out and analyze the basis of the judge's
consideration in deciding cases of breach of contract regarding a credit agreement
(case study number 11/Pdt.GS/2023/PN.Smg) and also to find out and analyze the basis
of the judge's consideration in imposing sanctions or losses arising from cases of default
on a credit agreement (case study number 11/Pdt.GS/2023/PN.Smg). This research is
normative juridical research with problem approach methods, namely legal, historical
and comparative methods. The data used is secondary data and data collection was
carried out by means of literature study. The data analysis method used is qualitative
juridical.
Based on the results of research regarding the reason for filing a breach of contract
lawsuit in Civil Case Number 11/Pdt.Gs/2023/PN.Smg, this is regarding the Plaintiff's
agreement with the Defendant as stated in the Credit Approval Letter on February 6,
2019, the losses suffered by PT. BPR KLEPU MITRA KENCANA is IDR 364,707,734
(three hundred sixty four million seven hundred seven thousand seven hundred thirty
four rupiah), in this case or in civil procedural law the judge is passive, that is, the
judge decides the case solely based on things that are considered true by the parties to
the case and based on the evidence they present in court
In accordance with article 1238 which explains that default is the debtor's
negligence due to the expiration of the specified time and receiving a letter or similar
stating that he is negligent. The judge can draw the conclusion that the default decision
number 11/Pdt.Gs/2023/PN.Smg has fulfilled the third aspect of the default because the
Defendant did not carry out his obligations and the Defendant was declared defeated
at the conference in accordance with the evidence submitted by the Plaintiff at the
conference.
Keywords: Default, judge's consideration, civil case Number 11/Pdt.Gs/2023/PN.Smg
|
Kembali
|
