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All Journal Unes Law Review Ranah Research : Journal of Multidisciplinary Research and Development
Gunawan Djajaputera
Fakultas Hukum, Universitas Tarumanagara, Jakarta, Indonesia
Chemical Engineering, Chemistry & Bioengineering Civil Engineering, Building, Construction & Architecture Economics, Econometrics & Finance Education Law, Crime, Criminology & Criminal Justice Physics Public Health Social Sciences Transportation Other

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Analisis Putusan Eksekusi Jaminan Debitur Wanprestasi dalam Perjanjian Hutang Piutang (Studi Kasus Putusan Pengadilan Tinggi Nomor 238/Pdt.G/2020/Pt.Dki) Salma Yustia Rahmah; Gunawan Djajaputera
UNES Law Review Vol. 6 No. 2 (2023): UNES LAW REVIEW (Desember 2023)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i2.1302

Abstract

The execution of collateral can be carried out when there is a court decision that takes into consideration whether there has been a breach of contract. This study employs a normative juridical approach as the basis for analyzing this legal issue. The research findings indicate that the debtor is legally entitled to execute the collateral concerning the breach of a debt agreement in the Decision of the High Court Number 238/Pdt.G/2020/PT.DKI. This is because both parties have a legally valid relationship to enter into a debt agreement, which was done by the plaintiff with the defendant I and II, with collateral in the form of a Certificate of Ownership for an Apartment Unit (SHMSRS) No. 3548/XXII/RIO DE JANEIRO, which has undergone the transfer process at the National Land Agency (BPN) in North Jakarta, registered in the name of the Defendant I, in this case, PT. Xiongji International Imp. & Exp. Group. The court decision to cancel the collateral seizure execution, which was previously determined as a result of the breach of contract by Defendant I in the Decision of the High Court Number 238/Pdt.G/2020/PT.DKI, is incorrect. This is because the petitioner of the collateral seizure has not paid the fees to the North Jakarta District Court until now. However, the judge ruled that Defendant I was at fault for the breach of contract, yet, on the other hand, the judge has canceled the collateral seizure execution against the collateral object guaranteed in the agreement.
Kewajiban Bagi Debitur Yang Melakukan Wanprestasi Kepada Kreditur Dalam Kasus Kredit Macet Ameera Najma Salsabila; Gunawan Djajaputera
Ranah Research : Journal of Multidisciplinary Research and Development Vol. 7 No. 1 (2024): Ranah Research : Journal Of Multidisciplinary Research and Development (Novembe
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/rrj.v7i1.1300

Abstract

The law of engagement regulates the legal relationship related to property ownership between one or more parties, where one party is a creditor who has rights, while the other party becomes a debtor who has an obligation to fulfill certain achievements. The purpose of the engagement explained in article 1234 of the Civil Code, namely by explaining the purpose of the parties holding the engagement, namely the achievement of achievement for both parties. This research was carried out by using a normative legal research method. The results of this study show that in accordance with Article 1243 of the Civil Code, debtors who commit a default or breach of promise on a legally valid agreement, are obliged to be responsible by reimbursing costs, losses, and interest arising from their default. In the case of bad credit, the creditor has the right to ask the debtor to pay off his debt and pay interest on the losses suffered. Creditors can send a warning letter or summons. If the debtor does not show good faith or does not complete its obligations, the creditor can file a lawsuit in court to get his rights with a fair judgment.
Co-Authors Ameera Najma Salsabila Salma Yustia Rahmah