Putri, Hilya Andini (2026) PROSES PENYELESAIAN PERJANJIAN PENGAKUAN UTANG MELALUI UPAYA KASASI PADA REGISTER NOMOR PERKARA 3081 K/Pdt/2025. Undergraduate thesis, Universitas Muhammadiyah Malang.
PENDAHULUAN.pdf
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Abstract
This study is motivated by civil disputes arising from debt acknowledgment agreements, particularly when such agreements are recorded in authentic deeds but subsequently give rise to legal issues. One of the problems that often arises is when a lawsuit is declared incomplete, resulting in the lawsuit being dismissed and the subject matter never being examined. This study aims to analyze the process of settling debt acknowledgment agreements through cassation proceedings in case number 3081 K/Pdt/2025 and to examine the legal implications of creating debt acknowledgment deeds that do not correspond to the facts. The research method used is empirical juridical research, supported by primary data through observation and interviews as well as secondary data in the form of laws and regulations, legal journals, and the internet. The results of the study show that cassation proceedings cannot remedy formal defects in the form of insufficient parties to the lawsuit, because cassation only assesses the application of the law and not the examination of facts. In addition, debt acknowledgment deeds that do not correspond to the facts are declared potentially null and void due to the non-fulfillment of the requirements for a valid agreement, particularly the element of “a lawful cause.” This study concludes that accuracy in formulating lawsuits and the principle of notarial prudence are key factors in ensuring legal certainty and protection, and it is recommended that the parties file a new lawsuit involving all interested parties.
| Item Type: | Thesis (Undergraduate) |
|---|---|
| Student ID: | 202210110311096 |
| Keywords: | acknowledgment of debt, cassation, lawsuits lacking parties. |
| Subjects: | K Law > K Law (General) |
| Divisions: | Faculty of Law > Department of Law (74201) |
| Depositing User: | 202210110311096 andiniputri27gmailcom |
| Date Deposited: | 19 Jan 2026 09:19 |
| Last Modified: | 19 Jan 2026 09:19 |
| URI: | https://eprints.umm.ac.id/id/eprint/26301 |
