Vol. 6, Issue 5 (2020)
Consignment legal requirements that implicateremove the engagement
Author(s): Yudi Istiarto, Moch Najib Imanullah, Hari Purwadi
Abstract: This study aims to see the legal consequences resulting from the validity of a consignment in an engagement. This research is a normative legal research with a descriptive type of research, namely by describing in a complete, detailed, clear, and systematic manner some of the aspects studied in legislation. The approach used is the statutory approach and the conceptual approach. The results of this study indicate that the validity of a consignment according to Article 1405 of the Criminal Code as the cause of the abolition of an agreement basically does not automatically cause the engagement between the debtor and creditor to be completely eliminated so that there is no legal relationship between them. As explained in the early part of the discussion, there is still the possibility of fulfilling obligations that must be carried out because of their reciprocal nature so that even though the debtor's obligations have been completed, the consignment still does not rule out the possibility of claims for fulfillment of rights by the debtor to the creditor so that the position is reversed. Initially the debtor then becomes a creditor because of his rights earlier.