ANALISIS PUTUSAN MAHKAMAH AGUNG NOMOR 4890 K/PDT/2025 DALAM PERKARA SUHERY ALFIAN MELAWAN PT BANK RAKYAT INDONESIA (PERSERO), TBK TERKAIT WANPRESTASI DAN PERBUATAN MELAWAN HUKUM

Abstract

This paper discusses the analysis of the Supreme Court of the Republic of Indonesia Decision Number 4890 K/Pdt/2025 relating to disputes between debtors and creditors in credit agreements, specifically regarding default and unlawful acts. The dispute began with the debtor's inability to fulfill credit payment obligations which then led to the execution of collateral through an auction mechanism by the creditor. In his lawsuit, the Plaintiff not only argued default, but also linked the creditor's actions as unlawful acts, thus raising questions regarding the accuracy of the lawsuit construction. This paper uses a normative juridical method with a case study approach and a conceptual approach through the theory of unlawful acts according to Shidarta. The analysis was carried out by examining the chronology of the case, the judge's considerations, and examining the fulfillment of the elements of unlawful acts, namely the existence of the act, unlawful nature, error, loss, and causal relationship. The results of the analysis indicate that the Plaintiff was proven to have committed default because he did not fulfill his credit payment obligations according to the agreement, while the creditor's actions in executing the collateral through auction were in accordance with applicable legal provisions. Based on Shidarta's theory, the elements of an unlawful act are not cumulatively met, particularly regarding the elements of unlawfulness, fault, and causal relationship. Therefore, the Plaintiff's lawsuit lacks a strong legal basis, and the Supreme Court's decision to reject the cassation petition is deemed appropriate and consistent with applicable civil law principles.