Mayang Maisarah Kemit
Universitas Muhammadiyah Sumatera Utara

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PERBUATAN MELAWAN HUKUM OLEH DEBITUR YANG TIDAK MENEBUS HUTANGNYA DALAM PERJANJIAN GADAI PADA SAAT JATUH TEMPO DI PT. PEGADAIAN Mayang Maisarah Kemit; Surya Perdana; Ismail Koto
Didaktik : Jurnal Ilmiah PGSD STKIP Subang Vol. 12 No. 03 (2026): Volume 12 No. 3, September 2026 Public
Publisher : STKIP Subang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36989/didaktik.v12i03.18946

Abstract

This research focuses on the case of Supreme Court Decision Number 1440 K/Pdt/2024 which examines a civil case at the cassation level. The defendants pawned a large amount of gold jewelry to Pegadaian, but after maturity, it was not redeemed. The debtor obtained a loan by submitting gold as collateral for the pawn. However, the debtor did not fulfill his obligation to repay the debt according to the agreed agreement so that PT Pegadaian filed a lawsuit. This research is a type of normative research using secondary data sources and the results of the research are analyzed qualitatively. Based on the results of the research, the pawn agreement at PT Pegadaian according to positive law in Indonesia is a valid agreement regulated by the Civil Code (KUHPerdata) and supervised by the Financial Services Authority (OJK). This system guarantees legal certainty, protects consumer rights, and authorizes PT Pegadaian (Persero) to auction collateral if the customer does not pay the debt. The application of the law for defendants (debtors) who commit Unlawful Acts (PMH) at PT Pegadaian (Persero) is that the debtor is obliged to pay compensation, the pawn agreement can be canceled, and the debtor must still pay off his debt. Collateral can be legally confiscated, auctioned, or returned to the original owner if it is proven that the goods are the result of a crime. Supreme Court Decision Number 1440 K / Pdt / 2024 states that the defendant must fulfill his payment obligations to the plaintiff, namely PT Pegadaian (Persero).