Juridical Analysis of Unlawful Acts in Settlement of Debts and Receivables by Transfer of Property (Study of Supreme Court Decision No. 54 K/Pdt/2020)
- DOI
- 10.2991/978-2-38476-531-7_43How to use a DOI?
- Keywords
- Unlawful Acts; Debts; Property Transfer; Good Faith; Supreme Court Decision
- Abstract
This research is entitled “Juridical Analysis of Unlawful Acts in Debt Settlement by Transfer of Property (Study of Supreme Court Decision No. 54 K/Pdt/2020)”. The focus of the research is to analyze the concept of unlawful acts in debt settlement through property transfer, the application of the principle of good faith in the agreement, and the legal considerations of the Panel of Judges in the cassation decision. The legal problem studied stems from a dispute case between a creditor and a debtor regarding the difference in the value of property assets transferred as a form of debt settlement, which causes losses to one of the parties. The type of research used is normative legal research with an analytical descriptive approach, based on primary, secondary, and tertiary legal materials obtained through literature studies. The analysis was carried out qualitatively with an emphasis on the theory of legal certainty and the theory of legal protection. The results of the study indicate that the concept of unlawful acts in property transfer as a debt settlement must fulfill four main elements, namely the existence of an unlawful act, error, loss, and a causal relationship. The application of the principle of good faith as stipulated in Article 1338 of the Civil Code is key to ensuring justice and protection for all parties. Supreme Court Decision No. 54 K/Pdt/2020 confirms that a significant difference between the market price and the agreed price can be classified as bad faith and an unlawful act. This decision also provides legal certainty by establishing a reasonable interest calculation and upholding the principle of legal protection for injured parties. This research is expected to provide theoretical contributions to the development of civil law regarding unlawful acts in property transactions, as well as practical benefits for judges, legal practitioners, business actors, and the public in understanding the importance of the principle of good faith and prudence in asset transfer transactions to settle debts.
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- © 2025 The Author(s)
- Open Access
- Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.
Cite this article
TY - CONF AU - Gabriel Immanuel Keliat AU - Elvira Fitriyani Pakpahan AU - Azharuddin Azharuddin AU - Bayu Widianto PY - 2026 DA - 2026/01/03 TI - Juridical Analysis of Unlawful Acts in Settlement of Debts and Receivables by Transfer of Property (Study of Supreme Court Decision No. 54 K/Pdt/2020) BT - Proceedings of the 1st International Forum on Psychology, Law, and Education (IFPLE 2025) PB - Atlantis Press SP - 409 EP - 422 SN - 2352-5398 UR - https://doi.org/10.2991/978-2-38476-531-7_43 DO - 10.2991/978-2-38476-531-7_43 ID - Keliat2026 ER -