ANALISIS HUKUM TERHADAP WANPRESTASI ATAS PERJANJIAN HUTANG PIUTANG (Studi Putusan Pengadilan Negeri Nomor 686/Pdt.G/2021/Pn.Mdn)

Abstract

This research aims to find out the legal considerations made by the judge regarding decision number 686/pdt.g/2021/pn.mdn) and to find out the legal consequences of default in decision number: 686/pdt.g/2021/pn.mdn. The legal basis for default Article 1238 of the Civil Code explains; "The debtor is declared negligent by means of a warrant, or by means of a similar deed, or based on the strength of the agreement itself, that is, if this agreement results in the debtor being deemed to be in default after the specified time has elapsed. This study uses normative juridical research methods, with research results showing that the legal considerations carried out by Medan District Court judges in deciding decision number 686/pdt.g/2021/pn-mdn are that the panel of Medan District Court judges has considered all available evidence. submitted by creditors and debtors. However, the panel of judges only considered evidence that could be proven in writing, so that evidence of the debtor's confession was excluded. The proof of recognition in question is where the debtor is unable to pay his debt due to the Covid-19 pandemic so that the debtor is in a state of force (Force Majure). This is as explained in Article 1244 BW and Article 1245 BW, in general the Covid-19 pandemic is qualified as a force situation and can be said to be a relative Force Majure. This is as stated in Article 1866 of the Civil Code/Article 164 HIR, the evidence recognized in civil cases consists of written evidence, witness evidence, allegations, confessions and oaths. If you look at the provisions of Article 164 HIR, it is clear that confession according to law is one of the pieces of evidence in the process of resolving civil cases. The legal consequence of this decision is that the debtor, who is not necessarily guilty, is declared to have committed a default and is sentenced to pay the debt and provide collateral for the house to the creditor