Anindhita, Regina Ardyah Pramesti
(2019)
Tinjauan yuridis pengalihan piutang melalui cessie tanpa pemberitahuan kepada debitur (studi kasus putusan no. 370/Pdt.G/2014/Pn. Mdn) = Juridical analysis on transfer of receivables through cessie without notification to the debtor (study of case verdict number 370/pdt.G/2014/Pn. Mdn).
Bachelor thesis, Universitas Pelita Harapan.
Full text not available from this repository.
Abstract
Transfer of receivables is a way which is generally conducted by creditors
which are encountering a problem, which will later on result in the exchange of
creditors upon the claiming right which they own. In practice, transfer of
receivables can be conducted through Cessie, however the transfer of receivables
through cessie requires a notification to the debtor. In relation to the said
requirement, the research questions within this research is regarding how the legal
protection of the debtor in a transfer of receivables through cessie which is
conducted without a notification to the debtor will be and regarding the legal
application applied by the panel of judges within Verdict Number
370/Pdt.G/2014/PN. Mdn in regards to the transfer of receivables which is
conducted without a notification to the debtor. The research method conducted is a
normative legal research with secondary data which is analyzed qualitatively. The
result of research within this research finds that, the legal protection for the debtor
in a cessie case which is conducted without a notification to the debtor, Article 613
paragraph (2) of the Civil Code has provided protection by stating that the cessie
within the said case will not affect the debtor, so everything that occurs in relation
to the cessie cannot be claimed to the debtor as long as the debtor has not receive
any notification. Therefore, the debtor shall not be at fault if they still consider that
their creditor is still the previous creditor. The legal application applied by the panel
of judges within Verdict Number 370/Pdt.G/2014/PN. Mdn states that the transfer
of receivables which is done by Defendant II (Bank Danamon) as the previous
creditor with Defendant I (Henry Kosasih) as the new creditor, is not valid and does
not have any legal binding effect as there has not been any notification to the
Plaintiff (PT. Yamika Arbis) as the debtor. In contrary, experts are of opinion that
notifications in a cessie case is not
Actions (login required)
 |
View Item |
