Analysis of District Court Decisions On Lending And Borrowing Money Cancelled By The High Court (Study of Decision Number 138/PDT/2017/PT.KPG)
Keywords:
Borrow Money, Canceled, High CourtAbstract
This study aims to analyze the legal considerations of the High Court in annulling the District Court's decision regarding a money lending agreement, especially in the case stated in Decision Number 138/PDT/2017/PT.KPG and Decision Number 150/Pdt.G/2016/PN.KPG. The background of this problem reflects the importance of the role of judges in upholding justice and law, as well as the potential dissatisfaction of parties involved in the judicial process. The research method used is a case study by analyzing court decision documents and interviews with legal practitioners to explore deeper perspectives. The discussion includes an analysis of a decision involving a plaintiff who suffered losses due to the defendant's illegal use of collateral assets. Although the District Court rejected the plaintiff's application to return the confiscated land, the appeal filed successfully overturned the decision. The results of the study indicate that the High Court's legal considerations focus on substantive justice and protection of the borrower's rights. The conclusion of this study emphasizes the importance of the principle of justice in every court decision, as well as the need for consistent law enforcement in lending practices. The advice given is the need to increase understanding of the risks in loan agreements and the importance of compliance with legal provisions to avoid disputes in the future.
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