PEMBAYARAN LANGSUNG SEBAGAI AKIBAT WANPRESTASI HUTANG PIUTANG: STUDI PUTUSAN NOMOR 782/PDT.G/2025/PN.TNG

Abstract

This research is motivated by a default dispute regarding debt in Court Decision Number 782/Pdt.G/PN.Tng, where the Defendant's absence led to a verstek (default) judgment. The urgency of this study lies in the necessity of ensuring legal certainty for creditors through valid summoning procedures and the accuracy of the judge’s ratio decidendi in ordering immediate and cash debt repayment. The research employs a juridical-normative method with a case approach and a statute approach. The result indicates that the verstek procedure in the a quo case is legally valid as it fulfilled the requirements of valid and proper summoning conducted four times in accordance with Article 125 of the HIR. Furthermore, the Board of Judges appropriately ordered the debt to be paid in cash and immediately based on valid transfer evidence, while selectively rejecting claims for advocate fees and forced money (dwangsom) to maintain the balance of justice. Consequently, this study emphasizes that adherence to civil procedural law is an absolute prerequisite for creating a court decision with strong executorial power in debt-related default disputes.