Analysis of Debt Receivables Dispute Settlement from Agreements Under the Hand (Decision Study Number 142/Pdt/2022/PT.Smg)

Abstrak

Abstract. This study aims to determine and analyze the settlement of debt disputes from underhand agreements in decision Number 124/Pdt/2022/PT.Smg and the judge's considerations. This study uses a normative juridical approach method, analytical descriptive research specifications. The data used are secondary data. The data collection method is a literature study, and the data analysis method is qualitative. The theory used in this study is the theory of justice, the theory of legal certainty. The results of the study indicate that the settlement of debt disputes from underhand agreements in decision Number 124/Pdt/2022/PT.Smg has reflected justice, namely the plaintiff receives payment of debt from the defendant, while the defendant will obtain back the land certificate used as collateral after the payment of the debt to the plaintiff is paid in full. The judge's considerations in decision Number 124/Pdt/2022/PT.Smg are appropriate, namely based on legal facts revealed in court, referring to statutory regulations; philosophical, juridical and sociological aspects; aspects of justice, legal certainty and benefits as well as evidence and arguments presented by the plaintiff and defendant.