ANALISIS PERTIMBAGAN HAKIM MENGENAI GUGATAN PREMATUR OLEH KREDITUR DALAM PERJANJIAN KREDIT (Studi Kasus Putusan No. 564/Pdt.G/2024/PN Jkt.Utr)

Abstract

The purpose of this research is to examine the judge's decision to adjudicate the debtor's negligence related to the agreement in the credit agreement, and to find a premature lawsuit due to the Plaintiff's haste in making and filing a lawsuit against the Defendant. This research uses normative juridical research methods that make the Defendant get a loophole to restore the situation that happened. The agreement or agreement at the beginning of the agreement, namely the amount of payment and the deadline for payment that was not adhered to by the Plaintiff, made the Defendant make a counter lawsuit given to the Plaintiff. Many theories can be involved in this case, including the theory of Hans Kelsen which can be a consideration and reference in resolving this case and the theory used for judges in making decisions.