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| Jenis | : |
KKM
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| Judul | : |
TINJAUAN YURIDIS WANPRESTASI PERJANJIAN JUAL BELI YANG
DINOVASI MENJADI PERJANJIAN UTANG PIUTANG ANTARA PT.CEMINDO GEMILANG TBK DAN PT.SUMBER BETON PELANGI (Studi Putusan Nomor 50/Pdt.G/2023/PN.Plg)
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| Subjek | : |
Contracts
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| Pengarang | : |
Bati Raihan Farid
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| Pembimbing | : |
Tri Lisiani Prihatinah,
Nur Wakhid
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| Prodi | : |
ILMU HUKUM KELAS INTERNASIONAL
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| Tahun | : |
2024
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| Call Number | : |
346.022 FAR 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 was conducted on Court Decision Number 50/Pdt.G/2023/PN. Plg regarding the
case of default in the initial sale and purchase agreement, which was novated into a debt
agreement. Novation is a renewal of an agreement accompanied by eliminating the old
obligation. The renewal of an agreement that replaces the old obligation with a new one is
objective novation. Objective novation is when a debtor has made a new agreement for a
creditor that has replaced the old agreement, which has been eliminated because of it. This
study aims to determine the elements of default in a sale and purchase agreement that was
novated into a debt agreement and the legal consequences. This study uses a normative legal
approach method with descriptive analysis research specifications. The data sources used are
secondary data. A literature study carries out the data collection method, and then the data
obtained is presented as narative text with prescriptive research specifications. The data
analysis method used is qualitative normative. Based on the research and discussion results, it
can be concluded that the elements of default have been fulfilled, namely the existence of an
obligation arising from the debt agreement after being novated. The second element is the
debtor's failure to perform, where Defendant, as the debtor, does not carry out his performance
at all because there is no realization to pay several cement purchase debts. The third element
is an error that can be proven from the Defendant not carrying out his obligations even after
passing the verval termijn of the summons. Although the Palembang District Court judges had
correctly considered and decided that the debtor was in default, it did not explicitly explain the
elements of default and novation. As a result of the law of default, the debtor was ordered to
pay debt settlement costs, moratorium interest, and court costs.
Keywords: Default, Agreement, Novation
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