Analisis Hukum Terhadap Gugatan Wanprestasi Oleh Kreditor Separatis Terhadap Debitor : Studi Kasus di Pengadilan Negeri Temanggung

In the Temanggung District Court there are several lawsuits by Separatist Creditors against Debtors who are in default of the agreed credit agreement. For example in cases 13/Pdt.G/2023PNTmg and 17/Pdt.G/2022/PNTmg. In these cases, Separatist Creditors filed a lawsuit against the Debtor who is in default. In this article, the author discusses the lawsuit for default by Separatist Creditors against their Debtors who are in default and the reasons why Separatist Creditors filed a lawsuit against the Debtor who is in default at the Temanggung District Court using Qualitative research methods and with a Literature Study approach sourced from Case Decisions, Legislation, Journal Articles, and Books. Separatist Creditors have the right to sue Separatist Creditors who feel disadvantaged due to the Debtor's non-compliance in fulfilling payment obligations. However, despite having the right to sue and having suffered losses, the panel of judges emphasized that the Separatist Creditor should not have filed a lawsuit in court, but could have directly sold the existing collateral. This shows that the execution rights attached to the collateral are prioritized over the right to sue in court.