Wanprestasi dalam Perjanjian Pinjam Meminjam pada Koperasi (Studi Putusan Nomor105/Pdt.G/2021/Pn.Mdn)

Abstract

Cooperatives serve as essential financial institutions for the public, providing savings and loan services. They facilitate easy access to credit by offering simplified loan requirements. However, borrowers are obligated to repay loans according to the agreed terms. Failure to fulfill these obligations constitutes bad faith and a breach of contract (wanprestasi). This study examines (1) the fulfillment of legal requirements for loan agreements at savings and loan cooperatives in Medan, (2) the causes of breach of contract in loan agreements, and (3) dispute resolution mechanisms for breaches of contract in savings and loan cooperatives. The research adopts a normative and empirical juridical approach. Data collection involves library research to review relevant legal materials, supported by document analysis and interviews to supplement the findings. The collected data is analyzed qualitatively by categorizing and selecting information obtained from legal sources to address the research problems. Findings indicate that cooperatives provide loans in a simplified manner while ensuring compliance with the validity requirements of contracts under the Indonesian Civil Code (KUHPer). Loan agreements are made in writing to guarantee legal certainty for the parties involved, although the potential for breach of contract remains. Borrowers frequently delay installment payments or fail to repay their loans in full by the due date. In resolving breaches, cooperatives prioritize amicable settlement based on the cooperative principles of Indonesia. Article 24 of Law No. 25 of 1992 on Cooperatives emphasizes decision-making through deliberation (musyawarah) to uphold the principle of mutual cooperation.