Kekuatan Hukum Surat Pengakuan Hutang sebagai Alat Bukti Pinjam Meminjam Uang (Studi Putusan No. 371/Pdt.G/2024/PN Mdn)

Abstract

This research discusses the legal strength of debt acknowledgment letters as evidence in money lending and borrowing agreements, especially in Decision Study No. 371/Pdt.G/2024/PN Mdn. A debt acknowledgment letter is a deed containing a unilateral statement from the debtor regarding the obligation to pay a certain amount of money to the creditor within a certain period of time, which can be made privately or in the form of a notarial deed. The main problems in this research include, the position of a debt acknowledgment letter with a guarantee of land rights in the material security legal system in Indonesia, the legal consequences for the debtor if they default based on the debt acknowledgment letter, and an analysis of the judge's considerations regarding the legal strength of the debt acknowledgment letter in Decision No. 371/Pdt.G/2024/PN Mdn. The research method used in this research is a normative legal research method. The nature of the research in this study is descriptive. The approach is based on a statutory approach and a case approach. The data collection technique is by means of library research by analyzing and studying systematically supported by primary, secondary and tertiary material sources, then analyzed qualitatively by drawing conclusions deductively. Based on the research results that have been obtained, it can be concluded that debt acknowledgment letters made privately only have limited evidentiary power and cannot be executed immediately, whereas those made before a notary have executorial power, the legal consequences for debtors who are in default include obligations such as paying compensation, interest, fines, canceling the agreement, up to the execution of material guarantees, and in Decision No. 371/Pdt.G/2024/PN Mdn, the judge considered the debt acknowledgment letter valid as evidence, stated that the debtor was in default, and sentenced the debtor to pay the remaining debt along with material losses.