ANALISIS YURIDIS AKIBAT HUKUM WANPRESTASI PADA PERJANJIAN PEMBIAYAAN DENGAN JAMINAN FIDUSIA (Studi Kasus Putusan Nomor: 13/Ptd.G.S/2021/PN.BDG)

Abstract

As the times progressed, so did human needs. So to fulfill this desire there is
another way to do that is by borrowing debt. Over time, loan agreements do
not always run smoothly. The existence of negligence or breach of contract
(default) caused by one of the parties bound by the agreement creates legal
consequences. Main issues (1) What are the judges considerations in dealing
with default cases in financing agreements with fiduciary guarantees (case
study of decision No. 13/Ptd.G.S/2021/PN.BDG) (2) What is the form of default
in the financing agreement with fiduciary guarantee in decision no. 13/Ptd.
G.S/2021/PN.BDG? The research method uses a case approach and normative
juridical. Analysis, the form of default in consumer financing agreements with
fiduciary guarantees in the decision Number: 13.Pdt.G./2021/PN.BDG, it was
found that Mr. Muhamad Murmansyah as Defendant I and Ms. Delinda Zahra
Zenita as Defendant II was legally proven to have committed a form of default.
The Defendants committed acts of default in the financing agreement with
fiduciary guarantees. The judge’s consideration in handling the default case in the
financing agreement with fiduciary guarantees in the decision Number: 13.Pdt.
G./2021/PN.BDG, has adhered to the principle of justice in adjudicating this case.
The Panel of Judges has researched, examined carefully and investigated all
actions, events, evidence and legal facts in the case files of this case. So it was
found that the Defendants were indeed proven to be legally and actually violated
Article 1238 of the Civil Code concerning Defaults in conjunction with Article
1243 of the Civil Code concerning compensation for losses and costs for the
resulting legal consequences. The amount of compensation that must be paid
by the Defendants is only Rp. 156,027,753  (one hundred fifty six million twenty
seven thousand seven hundred and fifty three rupiahs)