Perlindungan Hukum Terhadap Kreditur Akibat Wanprestasi dalam Perjanjian Hutang Piutang yang Diikuti Dengan Akta Ppjb dan Kuasa Menjual (Studi Putusan Pengadilan Nomor : 124/Pdt.G/2019/PN.Kpn)

Abstract

The Sale and Purchase Agreement (PPJB) of land accompanied by a power of attorney to sell is frequently used as collateral in debt agreements. However, such a PPJB does not constitute valid legal collateral because it lacks executorial power and is susceptible to annulment by the court. This creates legal risks for creditors in the event of default by the debtor. This study aims to examine the legal standing of a PPJB with a power of attorney to sell as collateral in a debt agreement when the debtor defaults, to analyze the notary's responsibility regarding discrepancies between the agreement’s object and its actual condition, and to explore the form of legal protection available to creditors in cases where the PPJB is annulled, as evidenced in the District Court Decision No. l24/Pdt.G/2019/PN.K.pn. This research employs a normative juridical method through a literature review of statutory regulations, court decisions, and relevant legal literature. The research approach is descriptive with qualitative analysis. The findings indicate that the use of a PPJB with a power of attorney to sell as collateral does not provide maximum legal protection for creditors due to its lack of executorial force and the risk of annulment. Notaries must be held accountable for ensuring the accuracy and conformity of documents with actual conditions to prevent legal losses. Therefore, it is advisable for creditors to use legally recognized forms of collateral, such as mortgage rights (hak tanggungan), to ensure legal protection and debt repayment certainty. Legal protection for creditors can also be strengthened through fair contractual clauses and legal action in cases of default or unlawful conduct.