PERJANJIAN KREDIT DENGAN JAMINAN HAK TANGG UNGAN PADA KOPERASI CU TUNAS MEKAR MEDAN

STUDI PUTUSAN NO. 521/PDT.G/2024/PN.MDN

Abstract

The purpose of this research in the article or writing is to analyze the resolution of breach of contract under credit agreement law at CU Tunas Mekar Medan Cooperative and the legal protection for CU Tunas Mekar Medan as a creditor in relation to land used as a water object. The related issues include: the form of debtor's default, the determination of payment obligations, and the legal status of the cooperative as a legal entity concerning objects that have not yet been encumbered with a Mortgage Right. To address these issues, theories regarding breach of contract, contracts, guarantees, and protection are cited. Data were collected through normative legal research using a legislative/regulatory approach and a case approach to the Medan District Court Decision Number 521/Pdt. G/2024/PN Mdn, which were then analyzed qualitatively. The research results indicate that the debtor is declared in default for failing to fulfill the payment obligations as agreed. The Panel of Judges determines the remaining obligations of the debtor and grants the cooperative the right to sell the collateral object if the obligations are not met. However, the absence of encumbrance on the land object with a Mortgage Right causes the cooperative's legal position to differ from that of creditors holding a Mortgage Right. This study concludes that protection for the cooperative is still provided based on the agreement and court decision, but the imposition of a Mortgage Right is necessary to strengthen legal certainty and the position of creditors.