Kepastian Hukum Jaminan Benda Bergerak dan Tidak Bergerak dalam Perjanjian Pinjam Meminjam Uang secara Lisan (Analisis Putusan Mahkamah Agung Nomor 198K/Pdt/2019)

Abstract

A credit contract in cash can be made orally or in a written form, with or without collateral provided by the borrower. Even though the Indonesian law recognizes the validity of oral agreement, based on the freedom of contract contracts and in so-called consensus; in practice, however, it arouses legal problems concerning legal certainty in collateral. The research problems are as follows: how about the validity of a credit contract in cash made orally in the Indonesian system of law, how about the illegal offense in a credit contract in cash made orally with movable and immovable collateral according to the civil law, and how about the legal certainty in the legal position and protection for the creditor and the debtor in this kind of contract viewed from the legal aspect of giving collateral according to the Supreme Court Ruling No. 198K/Pdt/2010. This research uses juridical normative method which is referred to legal norms with descriptive analytic approach. The data are gathered by conducting library research and analyzed qualitatively. The result of the research suggests that a credit contract in cash made orally is recognized its validity in the Indonesia system of law as long as it fulfills the requirements specified in Article 1320 of the Civil Code even though it has its weakness in getting evidence. It its implementation, an illegal offense a it is specified in Article 1365 of the Civil Code when one of the parties commits illegal offense such as misuse the collateral or still keeps it after the debtor has paid off the debt. However, based on the Supreme Court Ruling Numb. 198K/Pdt/2019, legal certainty is always given to the parties through the protection for their rights, proven by returning the collateral or the remainder of payment. It indicates that even though the contract is made orally, the principles of justice and legal certainty is always upheld by the court.