Kewajiban Bagi Debitur Yang Melakukan Wanprestasi Kepada Kreditur Dalam Kasus Kredit Macet

Ameera Najma Salsabila (Fakultas Hukum, Universitas Tarumanagara, Jakarta, Indonesia)
Gunawan Djajaputera (Fakultas Hukum, Universitas Tarumanagara, Jakarta, Indonesia)

Ranah Research : Journal of Multidisciplinary Research and Development
Vol. 7 No. 1 (2024): Ranah Research : Journal Of Multidisciplinary Research and Development (Novembe

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.