Perlindungan Hukum terhadap Kreditur Mengenai Cidera Janji (Wanprestasi) oleh Debitur dengan Jaminan dalam Perjanjian Hutang Pihutang (Studi Putusan Nomor 952/Pdt.G/2021/PN.MDN)

Abstract

Debt or money lending activities often require the borrower to provide collateral to the lender. Conventional legal experts distinguish collateral based on its nature into general collateral and specific collateral. In the context of default, collateral provides security for the entitled party, namely the creditor. With collateral in place, creditors feel protected because they know that if the debtor fails to fulfil their obligations, they have the right to the collateral to recover any losses that may arise. However, in practice, creditors often face difficulties in exercising their rights over the collateral due to legal uncertainty. In this study, the issues to be discussed are to determine how the legal provisions regarding collateral that has been transferred to a third party without the creditor's knowledge in a debt agreement apply, to determine the form of legal protection for creditors in the event of a breach of contract by the debtor in a debt agreement, and to analyse the considerations and decisions of the Panel of Judges in the Medan District Court Decision Number 952/Pdt.G/2021/Pn.Mdn. The research method used in this study is a normative legal approach of a descriptive nature. The data sources used are secondary data, collected through library research by examining literature related to this study, and employing qualitative data analysis methods. The transfer of collateral to a third party without the creditor's knowledge can directly affect the creditor's rights and interests, potentially causing the creditor to lose control over the collateral agreed upon as debt collateral. However, general collateral has characteristics that allow ownership to transfer at any time. Based on the differences in the types of collateral available, the types of fulfilment of collateral rights towards creditors also differ, especially if the debtor is declared in default. This is divided into non-specific executory collateral and specific executory collateral. However, legally, the creditor's right to enforce execution if the debtor defaults is valid, as this is related to the terms agreed upon by the parties at the outset of the agreement and stated in the substance of the agreement, which must be carried out and is binding on the parties as law.