ANALISIS YURIDIS PUTUSAN HAKIM PENGADILAN NEGERI DENPASAR NOMOR 10/PDT.G/2019/PN.DPS TENTANG HUTANG PIUTANG YANG DIBUAT DENGAN PERJANJIAN PENGIKATAN JUAL BELI

Abstract

Debt and credit agreements that are principal agreements are usually followed by an additional agreement, namely a mortgage agreement where the pledged goods are immovable property owned by the debtor. In reality, there are still cases related to debt and credit agreements where a mortgage agreement is not made as collateral, but the creditor provides a condition that he will lend funds to the debtor as long as the signing of a Sale and Purchase Binding Agreement, such as one of them that has been decided in Denpasar District Court Decision Number 10/Pdt.G/2019/PN.Dps. This decision is a case that occurred between Ni Made Krisnawati (Plaintiff) against Ir. Johadi Akman (Defendant II) and I Putu Hamirtha, S.H. (Defendant II). The Plaintiff borrowed money from Defendant I amounting to 17 billion on the condition that a PPJB was made and borrowed another 10 billion so that the old agreement was canceled and a new agreement was made, such as Deed of Sale and Purchase No. 21, Deed of Power of Sale No. 22 and Deed of Vacation No. 23. This study aims to determine and understand the basis of the judge's consideration (ratio decidendi) and the legal consequences for the parties of the follow-up to the Denpasar District Court Decision Number 10/Pdt.G/2019/PN.Dps. This research method uses normative legal methods with statutory, conceptual and case approaches. The results of this research show that the deeds have fulfilled the legal requirements of an agreement as stipulated in Article 1320 of the KUHPer so that they are legally valid and are not based on the legal act of debt and credit. In addition, it is known that the Plaintiff did not immediately vacate the land and/or building that was the object of the sale and purchase, thus fulfilling all the elements of default as set out in Article 1243 of the Civil Code. The legal consequences resulted in the Plaintiff as the losing party only being punished to pay court costs.

Keywords: Agreement, Debts, Mortgage Rights