SKRIPSI
PERBUATAN MELAWAN HUKUM (ONRECHTMATIGE DAAD) DALAM PERJANJIAN UTANG PIUTANG DENGAN MENJAMINKAN SERTIFIKAT HAK MILIK TANPA PERSETUJUAN PEMILIK DIHUBUNGKAN DENGAN BUKU III KITAB UNDANG-UNDANG HUKUM PERDATA
An unlawful act is an unlawful act committed by someone that causes harm
to another person. One of the problems that occurs is that there is an unlawful act
in the debt and receivables agreement by pledging someone else's title certificate
without the owner's consent. The aim of this research is to find out, study and
analyze the occurrence of unlawful acts in debt and receivable agreements by
pledging ownership certificates without the owner's consent, the legal
consequences of unlawful acts in debt and receivable agreements by pledging
ownership certificates without the owner's consent in connection with the Book. III
Civil Code, resolution of disputes over unlawful acts in debt and receivable
agreements by pledging ownership certificates without the owner's consent.
The method used in this research uses a descriptive-analytical method,
namely research that is intended to analyze existing problems through data that has
been collected and then processed and arranged based on the basic theories and
concepts used. The approach method used in this research is the normative juridical
approach method, namely research that focuses on examining the application of
rules or norms in positive law. This research stage includes library research on
secondary data which is carried out by inventorying data in the form of primary
legal materials, secondary legal materials and tertiary legal materials. Data
collection techniques include document study, which is a data collection tool, which
is used through written data and interviews, which is a way to obtain information
by asking directly to the authorities in the problem being studied. Data collection
tools in library research are notes in data collection techniques. The data analysis
used is qualitative juridical by interpreting statutory regulations and qualifying
them without using statistical formulas.
The results of the research show that the unlawful acts committed by YM
and MS occurred when entering into a debt and receivables agreement by pledging
the ownership certificate without the owner's consent. The legal consequence of the
unlawful act of pledging someone else's title certificate without the owner's consent
is to compensate for the loss and return the title certificate to LM or as the legal
owner without any burden or conditions. The form of resolving the case regarding
the occurrence of unlawful acts in debt and receivable agreements by pledging
someone else's certificate of ownership without the owner's consent is by filing a
civil suit with the district court to resolve the case regarding YM and MS's actions
in pledging the ownership certificate without the legal owner's consent.
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