Kepastian Hukum Jaminan Benda Bergerak dan Tidak Bergerak dalam Perjanjian Pinjam Meminjam Uang secara Lisan (Analisis Putusan Mahkamah Agung Nomor 198K/Pdt/2019)

Abstract

A credit contract in cash can be made orally or in a written form, with or without collateral provided by the borrower. Even though the Indonesian law recognizes the validity of oral agreement, based on the freedom of contract principle and party consensus, in practice, however, it arouses legal problems concerning legal certainty in collateral. The research problems are as follows: how about the validity of credit contract in cash made orally in Indonesian system of law, how about the illegal offense in a credit contract in cash made orally with movable and immovable collateral according to the civil law, and how about the legal certainty in the final position and protection for the creditor and the debtor in this kind of contract system from the legal problems arising in accordance with the Supreme Court Ruling Numb. 198K/Pdt/2019. This research uses juridical normative method which is referred to legal norms with descriptive analytic approach. The source of data is obtained by conducting library research and analyzed qualitatively. The result of the research suggests that a credit contract in cash made orally is still considered its validity in the Indonesian system of law as long as it fulfills the requirements specified in Article 1320 of the Civil Code even though it has its weakness in security aspect. Regarding the illegal offense, it is specifically stated in 1584 of the Civil Code when one of the parties commits illegal offense such as hiding the collateral or still keeps it after the less committed illegal offense such as hiding the collateral or still keeps it after the payment of the debt. However, based on the Supreme Court Ruling Numb. 198K/Pdt/2019, legal certainty is always given to the parties through the protection for their rights, in this case, the return of collateral as the remainder of payment. It indicates that even though the contract is made orally, the principle of trust and legal certainty is always upheld by the court.