PERLINDUNGAN HUKUM DEBITUR TERHADAP PERBUATAN MELAWAN HUKUM DALAM SENGKETA PERJANJIAN KREDIT YANG CACAT FORMIL: STUDI PUTUSAN MA No. 811K/PDT/2022

Abstract

Credit agreement disputes often arise as a common problem due to formal defects in the preparation of credit agreements and deeds of mortgage. This raises the question of whether debtors still receive legal protection when creditors use defective credit documents as the basis of the agreement. Such actions can be classified as unlawful acts (tort). This study aims to analyze legal protection for debtors against unlawful acts in defective credit agreements, with a case study of Supreme Court Decision No. 811 K/Pdt/2022. This research employs a normative legal method (doctrinal) with a focus on written legal materials such as legislation, jurisprudence, legal theory, and doctrine. The results show that legal protection for debtors in defective credit agreements is realized through access to sue creditors on the basis of unlawful acts. This protection is reflected in the certainty that the actions of creditors using defective documents can be reviewed in court, while also demonstrating the role of jurisprudence in strengthening legal protection and the principle of legal certainty in banking disputes