ANALISIS WANPRESTASI DALAM PERJANJIAN PEMBIAYAAN DENGAN JAMINAN FIDUSIA: STUDI PUTUSAN PN SEMARANG NOMOR 336/PDT.G/2023/PN SMG

Abstract

An agreement is an agreement between one party and another party that gives rise to rights and obligations that must be fulfilled by the parties. The contractual relationship is expected to provide a fair balance between rights and obligations. This article discusses default in a financing agreement, focusing on the case of PT Arthaasia Finance as the plaintiff who sued Isniwati as the defendant, and Khamim as the co-defendant. In this case, the defendant was deemed to have been negligent in fulfilling his obligation to pay installments in accordance with the financing agreement, which was guaranteed by a fiduciary object. In addition, the co-defendant was suspected of controlling or transferring the collateral object without the plaintiff's permission, thus strengthening the element of default. The method used in this study is normative juridical, with an approach through literature, doctrine, legal principles, and related laws and regulations, such as the Civil Code and Law Number 42 of 1999 concerning Fiduciary Guarantees. Based on the analysis, the court stated that the defendant was proven to have committed default and was responsible for the losses experienced by the plaintiff. Therefore, the defendant is required to pay compensation for the breach of the agreement that has occurred.