Tanggung Jawab Hukum Bank Selaku Kreditur Atas Hilangnya Barang Jaminan Kredit Yang Merugikan Debitur ( Studi Putusan Nomor 679/Pdt.G/2023/Pn.Jkt.Brt )

Abstract

This study stems from the necessity to provide legal protection for debtors in credit agreements, especially when collateral submitted to the bank is lost. In banking practices, banks hold primary responsibility for managing collateral under their custody. Accordingly, this research aims to analyze the legal responsibility of banks as creditors for the loss of credit collateral that harms debtors, by examining the West Jakarta District Court Decision Number 679/Pdt.G/2023/PN.Jkt.Brt. The research focuses on three core issues: the obligation to safeguard collateral under banking regulations, liability for damages, and the legal considerations of the panel of judges. The method employed is normative juridical with statutory and case approaches. The data is analyzed qualitatively through primary and secondary legal sources, including legislation, legal doctrines, and court decisions. This approach seeks to understand the bank’s obligations under positive law and the legal consequences when negligence leads to losses for the debtor. The findings reveal that banks are legally obligated to safeguard and return collateral in proper condition after the debt is repaid. The loss of collateral due to the bank's negligence constitutes an unlawful act under Article 1365 of the Indonesian Civil Code, entitling the debtor to compensation. In Decision Number 679/Pdt.G/2023/PN.Jkt.Brt, the court determined that the bank’s negligent behavior resulted in material and immaterial damages to the debtor. Consequently, the court upheld the debtor’s claim and emphasized that a bank’s legal responsibility as a creditor includes liability for collateral entrusted to its custody.