Analisis Yuridis Penerapan Asas Pacta Sunt Servanda Dalam Penyelesaian Sengketa Wanprestasi Pada Perjanjian Kredit (Studi Putusan PN MEDAN Nomor 1006/Pdt.G/2023/PN Mdn)

Abstract

The rapid economic development in Indonesia has increased the need for credit facilities, both for consumption and business. However, the legal relationship between creditors and debtors in credit agreements does not always run smoothly. Defaults often occur, namely the failure of the debtor to fulfill obligations according to the contract, resulting in disputes that require legal resolution. One of the main principles in agreement law is pacta sunt servanda, which means that every valid agreement must be obeyed and cannot be separated from the principle of consensualism and implemented in good faith. However, the application of this principle in the settlement of default disputes often faces challenges, both due to the negligence of the debtor and changes in economic conditions that affect the debtor's ability to fulfill his obligations. The formulation of the problems in this study are, How are the regulations regarding defaults in credit agreements in Indonesia; How are the factors that cause defaults in credit agreements in relation to the principle of pacta sunt servanda; How are the considerations of the judge in Decision Number 1006/Pdt.G/2023/PN Medan on the application of the principle of pacta sunt servanda, related to the settlement of credit agreement default disputes. This research uses a normative juridical method with a case study approach, conceptual, and analyzes relevant laws, doctrines, and court decisions. The data studied are primary and secondary legal materials, then analyzed qualitatively to interpret and apply the law in judicial practice. The results showed that the judge applied the principle of pacta sunt servanda rigidly and absolutely by demanding full compliance with all clauses of the credit agreement without considering the factual condition of the defendant as the debtor. Defaults in credit agreements generally take the form of late payments, payments that are not in accordance with the provisions, and the inability of the debtor to fulfill obligations due to internal and external factors. In dispute resolution, the principle of pacta sunt servanda is the main basis for the judge's consideration, as seen in Medan District Court Decision Number 1006/Pdt.G/2023/PN Mdn, where the judge emphasizes the importance of implementing the agreement according to this principle without considering factors such as force majeure. This research confirms that compliance with the principle of pacta sunt servanda is very important to maintain legal certainty and justice, although its application must be adjusted to the concrete conditions of the parties.