ANALISIS YURIDIS TERHADAP PENYELESAIAN SENGKETA UTANG PIUTANG DI BAWAH TANGAN (Studi Kasus Putusan Perkara Nomor : 1182/Pdt.G/2020/PN.Tng)

Abstract

Debt and receivable agreements can be entered into by individuals or legal entities. Debt and receivable agreements are often made by the parties with a private agreement, this private agreement is easier and does not require any costs to make. Debt and receivable agreements are considered valid and valid as law for the parties who make them if they fulfill the conditions for the validity of the agreement as intended in article 1320 of the Criminal Code. This research answers the problem of the legal conditions for a debt and receivables agreement and the legal consequences if one of the parties breaks their promise (default) and how to resolve it. The method used in this research is normative juridical and this research is descriptive analysis, so that the data obtained is analyzed qualitatively using secondary data sources so that it can be justified scientifically. The legal basis for this research refers to article 1313 of the Criminal Code and article 1320 of the Criminal Code. In this research, the author found that many people make agreements under their hands, so that if the debtor defaults, they must be sued before the court so that the debtor fulfills his achievements. To avoid a prolonged legal process, the author suggests that the debt and receivable agreement be drawn up before a notary.

Keywords: contract law, debts and receivables