SCHULD dan HAFTUNG

Summary

This video discusses the legal concepts of 'debt' (school) and 'liability' (haftung) in the context of civil law, specifically regarding a debtor's responsibilities. It explains how a debtor's assets are used as collateral to secure their obligations, and differentiates between personal responsibility and asset-based guarantees. The video also covers examples like gambling debts and bankruptcy, emphasizing that in civil law, penalties target the debtor's assets, not the individual. The explanation highlights the importance of understanding the debtor's legal obligations and the role of collateral in ensuring the fulfillment of these obligations.

Takeaways

• 😀 The discussion focuses on two key aspects of a debtor's responsibility: the 'score' (debt) and 'haftung' (legal responsibility).
• 😀 A debtor's 'score' refers to their debt or obligation to fulfill a performance, specifically a contractual obligation.
• 😀 'Haftung' refers to the legal responsibility tied to a debtor's obligation, meaning the debtor is held accountable for fulfilling their debt under the law.
• 😀 A key legal concept introduced is Article 1131 of the Civil Code, which states that all a debtor's assets, movable or immovable, are considered collateral for their obligations.
• 😀 The legal responsibility for a debtor's debt is directed at their assets, not the debtor's personal actions or body.
• 😀 There is a distinction between civil law (debt recovery through assets) and criminal law (punishment targeting the person).
• 😀 A creditor's right is considered a personal right, meaning it only applies to the specific debtor and cannot directly target the debtor's assets unless they fail to fulfill the obligation.
• 😀 In cases of bankruptcy, even though a debtor may still owe money, the claim may not be enforceable against the debtor's personal assets if the bankruptcy process doesn't cover all debts.
• 😀 A debtor may still have legal obligations even in situations where their debt cannot be enforced in court, such as gambling debts or debts that arise from illegal activities.
• 😀 In some situations, a third party (such as a parent or friend) may act as a guarantor by offering their own assets as collateral for the debtor's obligations, highlighting the importance of understanding the implications of such guarantees.

Q & A

What are the two aspects that are closely associated with the debtor in the context of Indonesian law?

The two aspects associated with the debtor are 'skor' (debt) and 'hak tunggu' (the legal responsibility to fulfill obligations).

What does the term 'skor' (debt) mean in the context of legal obligations?

'Skor' refers to a debtor's financial obligation or debt, specifically the debtor's responsibility to fulfill their performance (prestasi) as per the agreement.

How is the concept of 'hak tunggu' (legal responsibility) explained?

'Hak tunggu' refers to the legal responsibility of a debtor to fulfill their obligations. If they fail, their assets are subject to being used to meet these obligations.

What is the significance of Article 1131 of the Indonesian Civil Code in the context of debt?

Article 1131 ensures that all of a debtor's assets, both movable and immovable, whether tangible or intangible, are used as collateral to guarantee the fulfillment of their obligations.

What distinguishes the sanctions in civil law (perdata) from criminal law (pidana) in Indonesia?

In criminal law, sanctions are aimed directly at the person (e.g., imprisonment or death penalty), while in civil law, sanctions are directed at the debtor's wealth (assets), not the debtor themselves.

Can a debtor's personal assets be seized for failure to fulfill obligations under civil law?

No, in civil law, the debtor’s wealth is used as collateral for obligations, not their personal identity. Enforcement is through the debtor’s assets, not personal punishment.

What does 'hak perorangan' (personal rights) mean in the context of the creditor's right?

'Hak perorangan' refers to the right of a creditor to demand the debtor to fulfill their obligations. This right is directed towards a specific individual, not directly towards the debtor's property.

What happens if a debtor has a debt but no legal responsibility to fulfill it?

This can occur in cases such as gambling debts, where the debtor has a debt (skor) but lacks legal responsibility (hak tunggu) to fulfill it, and thus cannot be sued in court.

How does the concept of 'perikatan bebas' (free obligation) apply in the context of debts?

'Perikatan bebas' refers to obligations that arise in situations like gambling, where a debtor may owe a debt but is not legally required to fulfill it, and if paid voluntarily, it cannot be reclaimed.

How can a third party be involved in a debtor's legal responsibility in a guarantee situation?

A third party, such as a parent or friend, can act as a guarantor, offering their assets as collateral for the debtor's debt. If the debtor fails to fulfill the obligation, the third party's assets may be seized.