| dc.description.abstract | The cooperation agreement between the debtor and the creditor is not carried out properly or not in accordance with the provisions of the Cooperation Agreement Number 046/NOT/AB/W/1/2016 or can be said to be in default or negligent in fulfilling its obligations, until the debtor is declared dead according to Death Letter Number 427.12/1722 which can be seen in the Medan District Court Determination Number 526/Pdt.P/2021/PN.Mdn, so that the creditor demands the responsibility of the guarantor who is also the heir of the debtor. The problems discussed in this thesis are, how is the position and responsibility of the guarantor for a cooperation agreement that is not carried out properly, where the guarantor has been under guardianship based on the Stipulation of the Kisaran District Court Number 105/Pdt.P/2021/PN.Kis, how is the legal protection of creditors for the performance of a Cooperation Agreement Number 046/NOT/AB/W/1/2016 that is not carried out properly, where the guarantor in the agreement has been under guardianship based on the Stipulation of the Kisaran District Court Number 105/Pur.P/2021/PN.Kis, how are the efforts to resolve cases that can be taken by the parties, especially for creditors in regaining their rights in accordance with applicable provisions in Indonesia.
This research method uses a type of Normative Juridical research which is analytically descriptive. The data source uses secondary data sources using legal materials, namely primary legal materials, secondary legal materials and tertiary legal materials with the use of library research data collection techniques and data collection tools in this study are document studies and interviews.
The results of the study are the position of the guarantor in the agreement as a third party who pledged a plot of land with Sub-District Letter Number 590/017/1013/X/2013 on behalf of the Guarantor, as a guarantee for the fulfillment of the debtor's performance to the creditor, and the guarantor's responsibility in the agreement was taken over by the guarantor's brother to fulfill the performance to the creditor, Legal protection against creditors is regulated in Article 1155 of the Civil Code, and creditors can also claim compensation based on the information in Article 1248 of the Civil Code. The settlement of the case that can be pursued by the parties in a non-litigation manner cannot complete the fulfillment of achievements to creditors, so they are forced to carry out litigation settlement, namely the guarantor's biological brother requests the Kisaran District Court to act on behalf of the guarantor to sell, break up, and take care of all necessary matters on the land certificate pledged to the creditor, which the proceeds from the sale are paid to the creditor with a nominal amount in accordance with the funds provided by the creditor to the debtor. | en_US |
