PERLINDUNGAN HUKUM TERHADAP PERJANJIAN PINJAM NAMA PENGGUNAAN PAYLATER JIKA TERJADI WANPRESTASI

• Main Author: Ghea Tyagita Cahyasabrina, (Author)
• Format: Book
• Published: Magister Hukum Universitas Semarang, 2023-08-30.
• Subjects: Article; PeerReviewed
• Online Access: Link Metadata
• Notes: http://repository.upnvj.ac.id/28873/1/2010611034_ArtikelKI.pdf
• Keywords: K Law (General)

The purpose of this research is to determine the legal consequences that can be borne by the giver of the name in the nominee agreement against defaulting paylater borrowers and the form of legal protection for the name giver in cases of default by paylater borrowers. The paylater payment method is a popular payment method in the community, but in its use abuse is often found, namely borrowing names, where borrowing names is done orally on the basis of trust which often results in default. This research uses normative legal research methods with the type of library research and uses statue approach and conceptual approach. The results of the study show that due to the insistence on norms, the legal consequences that arise are that the debtor or the party giving the name must be fully responsible if a default occurs by a third party, because the payment provider does not care who binds himself while the terms of the agreement are agreed, other than that the form Legal protection for lenders for the use of later payments is not specifically regulated in laws and regulations, while protection can be carried out, namely by holding amicable deliberations to ask for the fulfillment of obligations accompanied by compensation.