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All Journal JHR (Jurnal Hukum Replik)
Janis Makarimah
Universitas Buana Perjuangan Karawang
Law, Crime, Criminology & Criminal Justice

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Legal Consequences of Debtor Default under a Leasing Agreement Based on Court Decision No. 69/Pdt.G.S/2022 Janis Makarimah; Yuniar Rahmatiar; Muhamad Abas
Jurnal Hukum Replik Vol 13 No 1 (2025): JURNAL HUKUM REPLIK
Publisher : Universitas Muhammadiyah Tangerang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31000/jamb4d65

Abstract

Default refers to the failure of a party to perform its contractual obligations in accordance with the terms agreed upon in a contract between a creditor and a debtor. Under Indonesian law, default is regulated under Article 1238 of the Indonesian Civil Code, which provides the legal basis for determining a debtor’s failure to perform contractual obligations. This study examines the legal consequences of default in leasing agreements and the judicial considerations applied in deciding leasing disputes, particularly in Court Decision No. 69/Pdt.G.S/2022/PN.Kwg. The study aims to analyze the legal consequences arising from default in leasing agreements and to examine the legal reasoning adopted by the judge in the aforementioned decision. This research employs a qualitative method using a normative juridical approach. The findings indicate that the legal consequences of default are governed by Article 1243 of the Indonesian Civil Code, which provides legal certainty by requiring the debtor to compensate the creditor for losses resulting from the breach of contractual obligations. Furthermore, the judge’s reasoning in Court Decision No. 69/Pdt.G.S/2022/PN.Kwg was legally justified, as the debtor was proven to have failed to fulfill its obligations as stipulated under Article 1238 of the Indonesian Civil Code. Keywords Default, Agreement, Leasing, Fiduciary Security.
Co-Authors Muhamad Abas Yuniar Rahmatiar