Siti Nurul Intan Sari, D, S.H., M.Kn. - HUKUM PERIKATAN (HAPUSNYA PERIKATAN)

Summary

This video lecture discusses the various factors that cause the termination of obligations in civil law, as outlined in the Indonesian Civil Code. The key points include payment, offer of payment, novation (debt renewal), debt set-off, debt merging, debt release, destruction of goods, cancellation of contracts, fulfillment of a suspensive condition, and expiration of time limits (prescription). The video explains each cause with relevant legal references, examples, and scenarios, emphasizing the legal processes and requirements for the termination of obligations.

Takeaways

• 😀 Payments can be made by third parties as long as they act in the debtor's interest and do not claim the creditor's rights.
• 😀 The offer of cash payment followed by deposit (consignment) can fulfill a debt if the creditor refuses to accept payment.
• 😀 Novation (renewal of debt) involves the replacement of debt objects, debtors, or creditors, thereby extinguishing the original debt.
• 😀 Compensation (or debt offsetting) occurs when two parties owe each other the same amount, leading to mutual debt cancellation.
• 😀 Confusion (or mixing of debts) happens when a creditor and debtor become the same person, leading to the cancellation of the debt.
• 😀 Debt forgiveness by the creditor results in the debtor being released from the obligation, requiring formal, authentic documentation to avoid future disputes.
• 😀 The destruction or loss of the specific item owed (as per the contract) can discharge the debt, unless caused by the debtor’s fault or negligence.
• 😀 A contract can be canceled if it lacks subjective validity (e.g., caused by mistakes or incapacity) or objective validity (e.g., missing key elements).
• 😀 A conditional clause in a contract can lead to its invalidation if the condition (e.g., the use of rented property for a specific purpose) is not met.
• 😀 The statute of limitations (daluarsa) can extinguish a debt or legal claim after a certain period, typically 30 years, freeing the debtor from the obligation.

Q & A

What are the factors that can lead to the termination of an obligation (perikatan)?

According to Article 1381 of the Civil Code (KUHPerdata), the factors that can lead to the termination of an obligation include: payment, offer of cash payment followed by deposit (consignatio), novation, compensation (offsetting debts), confession, release from debt, destruction of the owed goods, cancellation or voidance of an agreement, the fulfillment of a condition that makes the contract void, and the lapse of time (prescription or statute of limitations).

Can a third party pay off a debtor’s obligation on their behalf?

Yes, a third party can pay off a debtor’s obligation, provided that the payment is made for the debtor’s benefit. As per Article 1382 of the Civil Code, a third party may pay a debt to the creditor, but the third party cannot replace the rights of the creditor unless they act in their own name.

What happens when a creditor refuses to accept payment from the debtor?

If a creditor refuses to accept payment from the debtor, the debtor can offer to pay in cash and, if the creditor still refuses, the debtor may deposit the payment with the court (consignatio), which then frees the debtor from the obligation.

What is novation and how does it affect an obligation?

Novation, as described in Articles 1413 to 1424 of the Civil Code, is the replacement of an old obligation with a new one. It can involve changes in the subject (object), debtor, or creditor. In novation, the original debt is extinguished and replaced with the new obligation.

How does compensation (offsetting debts) work?

Compensation occurs when two parties owe each other equal amounts. According to Articles 1425-1435 of the Civil Code, when the debts are offset, the mutual obligations are canceled. For example, if A owes B 1 million and B owes A 1 million, they are released from their obligations without needing to exchange any money.

What is meant by 'confessio' or 'percampuran utang' (confusion of debts)?

Confusion of debts occurs when the roles of creditor and debtor merge into one person, which can happen, for example, through marriage or inheritance. In such cases, the debt may be extinguished due to the merger of the debtor and creditor's status.

What is debt release (pembebasan utang), and how is it documented?

Debt release occurs when the creditor voluntarily forgives the debtor's debt. For legal clarity, it should be documented through an official release to prevent future claims. Without such documentation, the debtor might face challenges proving that the debt was forgiven.

How does the destruction of the subject of a contract (barang terutang) affect the obligation?

If the specific object of a contract is destroyed, the obligation is terminated, as per Articles 1444 and 1445 of the Civil Code. However, if the destruction is due to the debtor's fault, the obligation remains in effect.

What is the difference between 'cancellation' and 'voidance' of an agreement?

Cancellation of an agreement happens when one of the essential elements, such as consent or competency, is missing or flawed. Voidance, on the other hand, occurs when an agreement lacks a necessary element, such as a valid object or a lawful cause.

How does the statute of limitations (daluarsa) affect obligations?

The statute of limitations extinguishes obligations after a certain period, as stipulated in Articles 1966-1993 of the Civil Code. There are two types: acquisitive prescription (for acquiring property rights) and extinctive prescription (for being relieved from an obligation). Once the prescribed period passes, the debtor is freed from the obligation.