PERTIMBANGAN HAKIM DALAM PENYELESAIAN SENGKETA WANPRESTASI PERJANJIAN PEMBIAYAAN MULTIGUNA DENGAN JAMINAN FIDUSIA (ANALISIS PUTUSAN NOMOR 9/PDT.G.S/2023/PN PDG)

Sari

Abstract: The creditor and debtor relationship in a financing agreement is a civil law relationship that has the same position and position, namely the existence of rights and obligations between the parties in accordance with the regulations of Law of the Republic of Indonesia Number 42 of 1999 concerning Fiduciary Guarantees. In the implementation of the agreement, there is a legal event that may result in legal consequences, if from its implementation one of the parties is supposed to perform but does not fulfill the performance as specified in the agreement, then that party is considered negligent or in default. This creates a dispute over breach of fiduciary financing agreement. In this case, the judge's considerations are very influential on the judge in deciding a case of default on a multipurpose financing agreement with a fiduciary guarantee.

Keywords: Judge's Consideration, Default, Fiduciary Guarantee