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p-Index From 2021 - 2026
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All Journal Verdict: Journal of Law Science
Clara Brigitta Jap
PUI PT Business Law, Indonesia
Law, Crime, Criminology & Criminal Justice

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Legal Analysis of Default in Credit Agreement (Decision No. 25/Pdt. G. S/2024/PN. Pct.) Marlina Elisabeth Pakpahan; Elkana Dasilva Ginting; Claudya Yolanda Putri Manalu; Clara Brigitta Jap
Verdict: Journal of Law Science Vol. 5 No. 1 (2026): Verdict: Journal of Law Science
Publisher : CV WAHANA PUBLIKASI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59011/vjlaws.5.1.2026.124-138

Abstract

Credit agreements have become one of the principal financing instruments in the Indonesian financial system and hold a strategic position in supporting both consumer and productive sectors. Therefore, credit agreements must comply with Civil Code and Law Number 10 of 1998 concerning Banking to ensure legal certainty and protection for all parties involved. However, in practice, debtors may fail to fulfill repayment obligations, resulting in breach of contract (default). This issue is reflected in Decision Number 25/Pdt.G.S/2024/PN Pacitan, where Bank Rakyat Indonesia Pacitan Branch sued the debtors for non-performance of contractual obligations. This study aims to analyze the regulation of breach of credit agreements, to examine the legal provisions regarding credit agreements, and to analyze the judge’s considerations in deciding Case Number 25/Pdt.G.S/2024/PN Pct. This study applies normative legal research using statutory, conceptual, and case approaches through library research on legal materials. The result showed that breach of contract in judicial practice is interpreted not only as contractual non-compliance but also as civil liability requiring proportional legal remedies, compensation, and judicial balance between creditor protection and debtor rights.
Co-Authors Claudya Yolanda Putri Manalu Elkana Dasilva Ginting Marlina Elisabeth Pakpahan