Analisis Hukum Maturitas Utang dalam Perjanjian Kredit sebagai Dasar Wanprestasi (Studi Putusan No.7/Pdt.Gs/2018/PN.Sel)

Abstract

Credit agreements are one of the most important instruments in business and finance, establishing rights and obligations between creditors and debtors. One of the debtor's primary obligations is to repay the debt according to the agreed-upon timeframe (debt maturity). However, in practice, debtors often fail to fulfill this obligation, resulting in default. The research questions addressed in this study are: How is the provision of default applied in credit agreements? What is the concept of debt maturity in credit agreements under Indonesian civil law? How is the legal analysis of debt maturity reflected in Decision No. 7/Pdt.Gs/2018/PN.Sel? The research method employed is normative legal research, which refers to legal norms through library studies to obtain secondary data in the form of primary, secondary, and tertiary legal materials related to the research problem. This study is descriptive in nature, and the data is analyzed qualitatively. Based on the analysis of the application of default provisions and the concept of debt maturity in credit agreements, it can be concluded that both are fundamental concepts that are interrelated in the Indonesian civil law system. Default as regulated in Article 1238 of the Civil Code can occur in four forms and has evolved to consider force majeure and extraordinary difficulties faced by debtors, while debt maturity refers not only to the final maturity date but also to periodic installment obligations regulated through various regulations ranging from the Civil Code to OJK regulations. The analysis of Decision No.7/Pdt.Gs/2018/PN.Sel demonstrates that although the court has correctly applied legal principles and provided legal certainty, there is a tendency to prioritize procedural justice over substantive justice, where judges emphasize compliance with formal rules without deeply considering the economic conditions of debtors who are small business operators. This reflects the need for balance between upholding legal certainty and flexibility in considering humanitarian aspects and socio-economic realities, as well as the need for stricter supervision of clauses in credit agreements to ensure they are not exploitative, particularly for MSME debtors who are vulnerable to economic fluctuations.