ANALISIS IMPLIKASI PUTUSAN NOMOR 104/PDT/2021/PT. DKI DALAM PERKARA PENGALIHAN PIUTANG (CESSIE)

Based on Decision No. 104 / Pdt / 2021 / PT. DKI has occurred transfer of receivables (cessie) between PT. Indosurya Inti Finance with Saut Tohap Pakpahan. The author and the Hakum Council have different views on the definition of transfer of receivables (cessie). The purpose of this study is to understand the basic foundation of the judge's legal considerations regarding the transfer of receivables (cessie) as well as to understand the implications of the first decision and the appeal decision for debtors, old creditors and new creditors. This research uses the research methodology of conceptual approach (conceptual approach), historical approach (historical approach), case approach (case approach). The decision of the first instance of the Central Jakarta District Court No. 259 / Rev.G / 2019 / PN.Jkt.Pst, High Court Of Appeal No. 104 / PDT / 2021 / PT. DKI, the Civil Code (KUHPerdata) Act No. 2 of 2014 on amendments to law No. 30 of 2004 on the position of Notary, Law No. 48 of 2009 on judicial power, a law journal that serves as the main source of legal information for this study. According to the findings of the study, District Court decision No. 259 / Rev.G / 2019 / PN.Jkt.Pst. Central Jakarta and the High Court of Appeal No. 104 / PDT / 2021 / PT.DKI is not correct because the transfer of receivables (cessie) is mutually agreed upon at the beginning of the agreement through a multipurpose financing agreement and is in accordance with the legal terms of the agreement in Article 1320 of the Civil Code.