Syahpri Kholik
Fakultas Hukum, Universitas Sang Bumi Ruwa Jurai

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Kekuatan Hukum Legalisasi Notaris Terhadap Perjanjian Hutang Piutang Jika Terjadi Wanprestasi Syahpri Kholik; Mirwansyah Mirwansyah; Yuli Purwanti
VIVA THEMIS Vol 6, No 2 (2023): VIVA THEMIS
Publisher : Universitas Sang Bumi Ruwa Jurai

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24967/vt.v6i2.2419

Abstract

In life in society, accounts payable has become one of the common occurrences. In its development, accounts payable are now carried out to meet urgent needs and also to support economic activities, one of which is in the world of business or business. However, we often find conditions where debtors fail to fulfill their obligations to pay their debts. This situation can be considered a default or a situation where the debtor does not carry out his obligations in a timely manner and is not in accordance with what was agreed. Default is regulated in Article 1238 of the Civil Code. Based on the background above, the issues to be discussed are: 1. What is the legal power of notary legalization of debt agreements in the event of default?.2. What are the legal consequences of the debt agreement if there is default by the parties?This research is a normative-empirical legal research with a descriptive research type that uses an empirical juridical approach. The data used are primary data in the form of interviews and also secondary data consisting of primary, secondary and tertiary legal materials. Data collection was carried out by means of literature study, interviews which were then analyzed qualitatively.The results of the study show that the Notary's legalization of debt and credit agreements does not have perfect evidentiary power because the truth lies in the signatures of the parties which, if acknowledged, are perfect evidence like authentic deeds, this is because the legalization function of privately made deeds is only to guarantee certainty. date and signatures of the parties. The legal consequences of the debt agreement if there is a default by the parties is that the debtor is required to pay compensation for the debtor's non-fulfillment of performance.Based on the results of the research and discussion, the researchers provide suggestions that the creditor should be able to assess whether the person who borrowed the money (the debtor) will be able to return all of his debts in full and on time.