Proses Pemeriksaan Perkara Wanprestasi dalam Utang Piutang Dan Pengajuan Eksekusi Ke Pengadilan Negeri Oleh Pihak Lawan (Studi Kasus Pengadilan Negeri Surakarta)

Sari, Erlina Puspita and -, Nuswardhani, S.H, S.U (2019) Proses Pemeriksaan Perkara Wanprestasi dalam Utang Piutang Dan Pengajuan Eksekusi Ke Pengadilan Negeri Oleh Pihak Lawan (Studi Kasus Pengadilan Negeri Surakarta). Skripsi thesis, Universitas Muhammadiyah Surakarta.

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Abstract

The importance of individual guarantees, seen as a form of moral responsibility from prospective debtors, if there is a credit (loan / debt), not only the debtor must be responsible but also the guarantor has responsibility for the loan guarantor also has responsibility for the credit. From the creditor (bank) the existence of personal guarantees, is one of the references to simplify the credit search process (loans / accounts payable), especially if the guarantor has a good credit background (loan / debt). In this study, the voter felt that the defendant did not provide an opportunity to make loan repayments and had sold the mortgage without the plaintiff's knowledge. This study aims to (1) find out the judge's judgment in verifying the case of the debt, (2) Know the determination of the judge's decision on the case of the debt and how the judge considers the execution of the decision in the status quo submitted by the plaintiff to the district court (3 ) Knowing the legal consequences after the verdict was handed down by the judge. The method used in this study is an empirical juridical approach method that is carried out by researching library research, which is legal research by examining library materials or secondary data with research in the field, with a type of descriptive research that is a clear and complete picture by collecting, compiling and analyzing data to solve problems in research. The position of the case on which the claim is filed is the Plaintiff as the debtor stating that PT. Bank Danamon as the Defendant has carried out an auction of mortgage rights without the Plaintiff's knowledge as a debtor. The results of the study indicate that the Plaintiff as a debtor cannot prove PT. As a Defendant, Bank Danamon Tbk has held an auction for mortgage rights, therefore PT. Bank Danamon Tbk as Defendant rejected the Plaintiff's claim as a debtor, even PT. Bank Danamon as the Defendant stated that to date the Plaintiff as a debtor has not implemented his obligation. On this matter the panel of judges ruled that the claim made by the Plaintiff as a debtor was rejected because it was not proven that PT. Bank Danamon Tbk, has conducted an auction and decided the Plaintiff as a debtor must carry out its obligations. The legal consequences after the judge's decision in the case of an unlawful act are voluntarily obliged to carry out all the hakin decisions handed down to him and if he does not carry out the judge's decision, the Plaintiff can ask the District Court to execute so that he can enforce the judge's verdict permanent..

Item Type:	Karya ilmiah (Skripsi)
Uncontrolled Keywords:	case of auction execution of accounts payable, default, case settlement process.
Subjects:	K Law > K Law (General)
Divisions:	Fakultas Hukum > Hukum
Depositing User:	ERLINA PUSPITA SARI
Date Deposited:	01 Aug 2019 06:59
Last Modified:	01 Aug 2019 06:59
URI:	http://eprints.ums.ac.id/id/eprint/75262

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