Aspek Hukum Perdata Terhadap Perbuatan Wanprestasi dalam Perjanjian Pinjam Meminjam Uang (Studi Putusan No.327/Pdt.G/2014/PN. Mdn)

Abstract

Borrowing is an agreement by which one party gives the other party a certain amount of goods that spending for consumption, on the condition that the latter would return the same number of sorts and the same circumstances as well. Problems in this study how the shape of default in the loan agreement to borrow money Verdict 327 / Pdt.G / 2014 / PN.Mdn, how the causes of the breach in the agreement borrowing money on Decision No. 327 / Pdt.G / 2014 / PN. Mdn and how the process of settlement defaults in the loan agreement to borrow money on Decision No. 327 / Pdt.G / 2014 / PN. Mdn. Methods The study was a Research Library (Library Research). This method to conduct research on a variety of reading materials written by scholars that books theory of law, magazines law, legal journals and materials studies and regulations for borrowing and Field Research (Field Research) is to do spaciousness in this case the direct authors conducted a study on the Medan District Court to take a decision relating namely decision No. 327 / Pdt.G / 2014 / PN. Mdn. Forms of default in loan agreements to borrow money that is: Do not do what is affordable to do, Implement what was agreed upon, but not as agreed. Implement what is agreed, but too late. Implement something which, according to the agreement should not be implemented. Factors causing a default on Decision No. 327 / Pdt.G / 2014 / PN.Mdn Defendant to borrow against assets such as land kavlingan and apartments, but does not pay its obligations. A deliberate intention on the part of the Defendant. There is an element of bad faith on the party Defendant did Default. There is an element of the Plaintiff did not understand the law, which made the agreement to borrow to borrow money without any suspicion. In Decision No. 327 / Pdt.G / 2014 / PN.Mdn settlement is done via the Medan District Court, which is authorized to investigate this case. Communities should enter into agreements in accordance with existing rules and regulations in force, the agreement must also understand and comply with the agreement to avoid any legal problems. In the event that there has been a breach in the agreement lending and borrowing money, it's good to be resolved first consensus or resolved through out of court, not to be resolved through legal channels in court, because it will be a process and it can take a long time and also costs much must be issued by the parties.