Keabsahan Pengakuan Utang yang Dibuat dengan Akta Notaris yang Lahir Setelah Debitur Ingkar Janji (Studi Putusan Mahkamah Agung No. 3032 K/Pdt/2022)

Abstract

A debt acknowledgment deed is a unilateral document in which the debtor acknowledges their obligation to pay the creditor a specified and fixed amount of money. The existence of a debt acknowledgment deed originates from a preceding loan agreement, making the loan agreement the principal contract and the debt acknowledgment deed its accessory. The research method used is normative juridical with a descriptive- analytical approach. The data utilized are secondary, consisting of primary, secondary, and tertiary legal materials. Data collection techniques include literature studies and interviews. The collected data are then qualitatively analyzed to obtain descriptive-analytical results. The findings indicate that the validity of a debt acknowledgment made with a notarial deed after the debtor's default can be deemed valid if it can be proven that there was an existing loan agreement as the basis for the debt acknowledgment deed. The debt acknowledgment deed always follows its principal agreement, which is the loan agreement. The legal responsibility for the debtor regarding the debt acknowledgment made with a notarial deed after the debtor's default is to fulfill the obligations stated in the acknowledgment as a compliance with their duties outlined in the acknowledgment. The analysis of the judicial considerations in civil case No. 3032 K/Pd/2022 has provided procedural justice and legally binding resolutions for the disputing parties. This is reflected in the validity of the debt acknowledgment deed made with a notarial deed after the debtor's default, establishing the debtor's breach of contract and mandating the debtor to pay the principal debt and penalties as per the Debt Acknowledgment Deed.