Legal Analysis Of The Gold Receivable Debt Agreement With Land Guarantee (Decision Study Number 9/Pdt.G.S/2020/PN.BKL)

Feb 27, 2025 by ADMIN 119 views

Legal Analysis of the Gold Receivable Debt Agreement with Land Guarantee: Decision Study Number 9/Pdt.G.S/2020/PN.BKL

Introduction

In the realm of debt recognition, a Debt Recognition Deed is an agreement between two parties that outlines a statement of obligation to pay a certain amount of debt. In Indonesia, a Debt Recognition Deed made before a notary has the same executorial power as a judge's decision, which holds permanent legal force. This study delves into the legal force of Debt Recognition Deeds, particularly in cases where gold receivables are guaranteed by land certificates. The case study analyzed is the decision of the Bangkalan District Court Number 9/Pdt.G.S/2020/PN.BKL related to the dispute over gold receivables guaranteed by a land certificate.

The significance of this study lies in its examination of the legal force of Debt Recognition Deeds, which are often used as a means of securing debt obligations. The use of land certificates as a guarantee for gold receivables adds an extra layer of complexity to the agreement, as it raises questions about the potential problems that may arise during the execution of the guarantee. This study aims to provide a comprehensive analysis of the legal force of Debt Recognition Deeds, particularly in cases where land certificates are used as a guarantee.

Research Methods

This study employs a normative juridical method with an analytical descriptive approach. The research method used in this study is designed to illustrate, analyze, and explain every problem related to the legal force of Debt Recognition Deeds, gold receivable debt guaranteed by land certificates, and the decision of the Bangkalan District Court Number 9/Pdt.G.S/2020/PN.BKL. The analysis of legal materials is carried out qualitatively and comprehensively, providing a thorough understanding of the subject matter.

Discussion

1. Legal Strength of Debt Deed of Debt

A Debt Recognition Deed made before a notary is considered an authentic deed that has binding legal force and holds the power of perfect proof, as stated in Article 1870 of the Civil Code (KUHPER). This means that a Debt Recognition Deed made before a notary has the same legal force as a judge's decision, which holds permanent legal force. The executorial power of a Debt Recognition Deed is a crucial aspect of debt recognition, as it provides a means of enforcing debt obligations.

2. Problems of Land Guarantee in Gold Accounts Receivable Debt

The use of land certificates as a guarantee for gold receivables has the potential to cause problems during the execution of the guarantee. This is because the execution of a Debt Recognition Deed can be rejected if the debtor disputes the amount of debt that must be paid to the creditor. The use of land certificates as a guarantee adds an extra layer of complexity to the agreement, as it raises questions about the potential problems that may arise during the execution of the guarantee.

3. Analysis of Bangkalan District Court Decision Number 9/Pdt.G.S/2020/PN.BKL

In decision number 9/Pdt.G.S/2020/PN.BKL, the panel of judges rejected the execution of the land certificate confiscation submitted by the Plaintiff. The reason for the rejection was that there was no loss or reason contained in Article 227 paragraph (1) HIR, which was considered inaccurate. This decision is considered not to protect the Plaintiff's right to receive compensation for the return of the gold debt given to the Defendant.

4. CONCLUSIONS AND SUGGESTIONS

The decision of the Bangkalan District Court Number 9/Pdt.G.S/2020/PN.BKL raises questions about the protection of creditor rights in accounts payable agreements guaranteed by land certificates. The verdict gives a victory for the plaintiff only on paper, without providing a concrete solution for the fulfillment of creditors. Suggestions for creditors are to file a new lawsuit in the form of an ordinary civil lawsuit if the execution of the Debt Recognition Deed is rejected.

Suggestions for Further Researchers

Further research on the implementation of court decisions in the case of gold receivables guaranteed by land certificates can be done to study more deeply about the protection of creditor and debtor rights. Research can also discuss the need for a revision of the laws and regulations governing the execution of Debt Recognition Deeds to be more fair and provide legal certainty for both parties.

Keywords:

Debt Recognition Deed
Gold Receivable Debt
Land Guarantee
Court Decision
Executorial Strength
Legal Protection

Conclusion

In conclusion, this study provides a comprehensive analysis of the legal force of Debt Recognition Deeds, particularly in cases where land certificates are used as a guarantee. The use of land certificates as a guarantee adds an extra layer of complexity to the agreement, as it raises questions about the potential problems that may arise during the execution of the guarantee. The decision of the Bangkalan District Court Number 9/Pdt.G.S/2020/PN.BKL raises questions about the protection of creditor rights in accounts payable agreements guaranteed by land certificates. Suggestions for creditors are to file a new lawsuit in the form of an ordinary civil lawsuit if the execution of the Debt Recognition Deed is rejected.

Recommendations

Based on the findings of this study, the following recommendations are made:

The government should revise the laws and regulations governing the execution of Debt Recognition Deeds to be more fair and provide legal certainty for both parties.
The court should provide a more concrete solution for the fulfillment of creditors in cases where the execution of the Debt Recognition Deed is rejected.
Further research should be conducted on the implementation of court decisions in the case of gold receivables guaranteed by land certificates to study more deeply about the protection of creditor and debtor rights.

Limitations of the Study

This study has several limitations, including:

The study only analyzed one case study, which may not be representative of all cases.
The study only focused on the legal force of Debt Recognition Deeds, and did not consider other factors that may affect the agreement.
The study only analyzed the decision of the Bangkalan District Court Number 9/Pdt.G.S/2020/PN.BKL, and did not consider other court decisions that may have a bearing on the agreement.

Future Research Directions

Future research should focus on the following areas:

The implementation of court decisions in the case of gold receivables guaranteed by land certificates.
The protection of creditor and debtor rights in accounts payable agreements guaranteed by land certificates.
The revision of laws and regulations governing the execution of Debt Recognition Deeds to be more fair and provide legal certainty for both parties.

Conclusion

Introduction

In our previous article, we discussed the legal analysis of the gold receivable debt agreement with land guarantee, specifically in the case of the Bangkalan District Court Decision Number 9/Pdt.G.S/2020/PN.BKL. In this article, we will answer some of the most frequently asked questions related to this topic.

Q: What is a Debt Recognition Deed?

A: A Debt Recognition Deed is an agreement between two parties that outlines a statement of obligation to pay a certain amount of debt. In Indonesia, a Debt Recognition Deed made before a notary has the same executorial power as a judge's decision, which holds permanent legal force.

Q: What is the significance of a Debt Recognition Deed in the context of gold receivable debt?

A: A Debt Recognition Deed is significant in the context of gold receivable debt because it provides a means of enforcing debt obligations. The use of a Debt Recognition Deed can help to ensure that the debtor pays the debt, and can also provide a means of recovering the debt if the debtor defaults.

Q: What is the role of a land certificate in a gold receivable debt agreement?

A: A land certificate is used as a guarantee for gold receivable debt. The land certificate is used to secure the debt, and can be confiscated by the creditor if the debtor defaults on the payment.

Q: What is the Bangkalan District Court Decision Number 9/Pdt.G.S/2020/PN.BKL?

A: The Bangkalan District Court Decision Number 9/Pdt.G.S/2020/PN.BKL is a court decision that was made in a case involving a dispute over gold receivable debt guaranteed by a land certificate. The decision was made by the Bangkalan District Court, and it rejected the execution of the land certificate confiscation submitted by the Plaintiff.

Q: What are the implications of the Bangkalan District Court Decision Number 9/Pdt.G.S/2020/PN.BKL?

A: The implications of the Bangkalan District Court Decision Number 9/Pdt.G.S/2020/PN.BKL are that it raises questions about the protection of creditor rights in accounts payable agreements guaranteed by land certificates. The decision gives a victory for the plaintiff only on paper, without providing a concrete solution for the fulfillment of creditors.

Q: What are the suggestions for creditors in cases where the execution of the Debt Recognition Deed is rejected?

A: The suggestions for creditors in cases where the execution of the Debt Recognition Deed is rejected are to file a new lawsuit in the form of an ordinary civil lawsuit.

Q: What are the future research directions in this area?

A: The future research directions in this area are to study more deeply about the protection of creditor and debtor rights in accounts payable agreements guaranteed by land certificates, and to discuss the need for a revision of the laws and regulations governing the execution of Debt Recognition Deeds to be more fair and provide legal certainty for both parties.

Q: What are the limitations of this study?

A: The limitations of this study are that it only analyzed one case study, which may not be representative of all cases, and that it only focused on the legal force of Debt Recognition Deeds, and did not consider other factors that may affect the agreement.

Conclusion

In conclusion, this Q&A article provides answers to some of the most frequently asked questions related to the legal analysis of the gold receivable debt agreement with land guarantee. The use of a Debt Recognition Deed can help to ensure that the debtor pays the debt, and can also provide a means of recovering the debt if the debtor defaults. The Bangkalan District Court Decision Number 9/Pdt.G.S/2020/PN.BKL raises questions about the protection of creditor rights in accounts payable agreements guaranteed by land certificates. Suggestions for creditors are to file a new lawsuit in the form of an ordinary civil lawsuit.

Recommendations

Based on the findings of this study, the following recommendations are made:

The government should revise the laws and regulations governing the execution of Debt Recognition Deeds to be more fair and provide legal certainty for both parties.
The court should provide a more concrete solution for the fulfillment of creditors in cases where the execution of the Debt Recognition Deed is rejected.
Further research should be conducted on the implementation of court decisions in the case of gold receivables guaranteed by land certificates to study more deeply about the protection of creditor and debtor rights.

Future Research Directions

Future research should focus on the following areas:

The implementation of court decisions in the case of gold receivables guaranteed by land certificates.
The protection of creditor and debtor rights in accounts payable agreements guaranteed by land certificates.
The revision of laws and regulations governing the execution of Debt Recognition Deeds to be more fair and provide legal certainty for both parties.