Article Per Year (5 Year)
p-Index From 2021 - 2026
0.444
P-Index
This Author published in this journals
All Journal Awang Long Law Review Jurnal Al-Hakim : Jurnal Ilmiah Mahasiswa Studi Syariah, Hukum dan Filantropi
Hardiyansyah, Tendri
Unknown Affiliation
Religion Law, Crime, Criminology & Criminal Justice Social Sciences

Published : 2 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 1 Documents
Search
Journal : Awang Long Law Review

 1 
LEGAL PROTECTION FOR DEBTORS ACTING IN GOOD FAITH IN FULFILLING OBLIGATIONS TO UNIDENTIFIED CREDITORS Hardiyansyah, Tendri; Tjempaka, Tjempaka
Awang Long Law Review Vol. 7 No. 2 (2025): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/awl.v7i2.1555

Abstract

The transfer of receivables (cession) in mortgage loan agreements without prior notice to the debtor has led to legal uncertainty and poses a risk of harm to debtors acting in good faith. This study aims to analyze the legal standing of debtors in cases of cession conducted without notification, as well as to identify forms of legal protection available to such debtors. The research adopts a normative juridical approach, relying on the analysis of statutory regulations and a case study of the Tangerang District Court Decision No. 1238/Pdt.G/2022/PNTng. The findings indicate that although Article 613 of the Indonesian Civil Code requires notification to the debtor in the event of cession, the absence of sanctions for creditors who fail to comply allows the practice of transferring receivables without debtor notification to persist. As a result, debtors are often exposed to the risks of double payment or being considered in default by the new creditor. This research recommends strengthening regulations concerning the mandatory notification of cession and encouraging the active role of financial authorities in ensuring transparency and protection for debtors. The implications of this study underscore the need for legal reform to establish a fairer and more legally certain system for the transfer of receivables.
Co-Authors Djaja, Benyy Sudirman , Maman Tjempaka, Tjempaka