ANALISIS PUTUSAN PENGADILAN NEGERI MAKASSAR NOMOR 468/PDT.G/2021/PN.MKS TERKAIT PENGALIHAN PIUTANG SECARA CESSIE

Abstract

ANALYSIS OF MAKASSAR DISTRICT COURT DECISION NUMBER 468/PDT.G/2021/PN. MKS REGARDING THE TRANSFER OF RECEIVABLES BY CESSION

The assignment of receivables through cessie is a legal mechanism governing the transfer of the right to claim from the original creditor to a new creditor as regulated under Article 613 of the Indonesian Civil Code (Burgerlijk Wetboek). In practice, cessie is widely used by banking institutions as an alternative for resolving non-performing loans. However, the transfer of receivables does not automatically result in the transfer of ownership rights over collateral secured by Mortgage Rights (Hak Tanggungan), creating legal uncertainty and disputes regarding creditors' rights over collateral. This study aims to analyze the legal considerations of the Makassar District Court in Decision Number 468/Pdt.G/2021/PN.Mks concerning the assignment of receivables through cessie and to examine the resulting legal consequences. This research employs a normative juridical method using statutory, conceptual, and case approaches. The findings reveal that the court correctly recognized the validity of the cessie agreement based on Article 613 of the Indonesian Civil Code but rejected the transfer of ownership of the collateral because cessie only transfers the right to claim and does not transfer ownership rights over assets encumbered with Mortgage Rights. Consequently, the new creditor acquires the right to collect the debt, while the execution of collateral remains subject to the provisions of the Mortgage Rights Law, thereby ensuring legal certainty in the application of cessie.

Keywords: Assignment of Receivables, Cessie, Mortgage Rights, Legal Consequences, Non-Performing Loans.