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All Journal JURNAL HUKUM MEDIA JUSTITIA NUSANTARA
Arif Pratama, Rio
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Law, Crime, Criminology & Criminal Justice

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Analysis of Court Decisions Regarding In Persona Claims in Credit Agreement Cases: Analisis Putusan Pengadilan Mengenai Gugatan Kurang Pihak (In Persona) pada Perkara Perjanjian Kredit Adelya, Eka; Elviandri; Arif Pratama, Rio
Jurnal Media Justitia Nusantara Vol 15 No 2 (2025): September 2025
Publisher : Program Studi Magister Ilmu Hukum Universitas Islam Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30999/mjn.v15i2.3726

Abstract

This study examines the legal reasoning employed by judges in resolving civil cases involving insufficient parties (in persona) within credit agreement disputes, and evaluates the consistency of judicial considerations across three levels of the court system: District Court, High Court, and the Supreme Court. The issue arises due to the absence of clear standards regarding which parties must be included in civil lawsuits, particularly in credit agreements that often involve more than two parties. Using a normative juridical method with a statutory and case approach, this research analyzes three decisions: No. 30/Pdt.G/2022/PN WNG, No. 133/PDT/2023/PT SMG, and No. 469 K/Pdt/2024. The findings reveal differing judicial orientations: the District Court prioritizes the substance of default, the High Court emphasizes formal completeness of parties, and the Supreme Court seeks a balance between both. The study concludes that there is no uniformity in judicial assessment concerning party sufficiency in credit agreement disputes, indicating the need for the Supreme Court to issue clear guidelines to ensure legal certainty and the protection of all parties involved.
Analisisis Perbuatan Melawan Hukum Oleh Kreditur Atas Pembatalan Sepihak Pembayaran Debitur: Studi Putusan Tingkat Pertama, Banding, Dan Kasasi: Analisisis Perbuatan Melawan Hukum Oleh Kreditur Atas Pembatalan Sepihak Pembayaran Debitur: Studi Putusan Tingkat Pertama, Banding, Dan Kasasi Yasmin, Putri Nabila Yasmin; Arif Pratama, Rio
Jurnal Media Justitia Nusantara Vol 15 No 2 (2025): September 2025
Publisher : Program Studi Magister Ilmu Hukum Universitas Islam Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30999/mjn.v15i2.3727

Abstract

This research is motivated by a legal dispute between a debtor and a creditor due to unilateral cancellation in a credit agreement, which resulted in different rulings at the District Court, High Court, and Supreme Court levels. The study aims to analyze the judges’ considerations and the legal consequences arising from these three decisions. The method used is normative juridical research with a case approach, by analyzing relevant legislation and court decisions. The results indicate that the District Court and High Court considered the creditor’s actions as unlawful due to the absence of good faith, thus ordering the return of collateral and the payment of compensation. Conversely, the Supreme Court annulled those decisions and affirmed that the credit agreement remains binding as long as the debt has not been fully paid, thereby ruling out any unlawful act. In conclusion, there is a contrast between the substantive justice approach adopted by the lower courts and the legal formalism approach applied by the Supreme Court. The implication of this research highlights the importance of harmonizing legal interpretations to ensure legal certainty and protect the rights of parties in credit agreements.
Co-Authors Adelya, Eka Elviandri, Elviandri Yasmin, Putri Nabila Yasmin