ANALISIS YURIDIS TERHADAP GUGATAN WANPRESTASI DALAM KASUS PREDATORY LENDING: STUDI PUTUSAN NOMOR 85/PDT.G/2023/PN JAP

Abstract

This study examines the halt in the examination of the main case of predatory lending due to the Niet Ontvankelijke Verklaard (NO) decision in the Jayapura District Court Decision Number 85/Pdt.G/2023/PN Jap. The purpose of this study is to determine the weaknesses of the formal lawsuit in Decision Number 85/Pdt.G/2023/PN Jap and its impact in preventing the Panel of Judges from examining and deciding the main case related to alleged predatory lending and to determine the role of Supreme Court jurisprudence in formulating fair payment solutions for debtors. This study uses a normative legal method. Then analyzes the text of Decision Number 85/Pdt.G/2023/PN Jap. to test the harmony of the application of civil law norms to legal facts. The data collection technique used in this study is Literature Study. Based on the research and discussion, it is concluded that the weakness of the lawsuit in Decision Number 85/Pdt.G/2023/PN Jap lies in its vague nature (obscuur libel), where the Plaintiff mixes up various legal events (WhatsApp loans and online social gatherings) and the non-transparent debt calculation. In civil procedural law, combining two different legal sources without separating the posita and petitum violates the principle of clarity of the lawsuit. Furthermore, predatory lending practices can be corrected through the application of the pars pro toto principle based on Supreme Court jurisprudence, where interest clauses that violate morality are declared null and void, but the debtor is still obliged to repay the principal plus a 6% moratorium interest for the sake of proportional justice.