Hukum Perdata dan Krisis Mata Uang  

Oleh:

Spier, Jaap

Jenis: Article from Journal - ilmiah nasional - tidak terakreditasi DIKTI
Dalam koleksi: Jurnal Hukum Bisnis vol. 7 (1999), page 24-27.
Topik: HUKUM PERDATA; hukum perdata; krisis mata uang

Ketersediaan

Perpustakaan Pusat (Semanggi) Nomor Panggil: JJ102.1 Non-tandon: 1 (dapat dipinjam: 0) Tandon: tidak ada

Lihat Detail Induk

Isi artikel

In reference with debts and collectibles, the dutch civil code states that "the liability to pay a sum of money shall be made in nominal amount, unless the law, custom or act in law stipulates otherwise. In other words, doctrines on force majeure shall be useless in this context. Difficulties in making payment shall not be considered force majeure. Meanwhile, currency always fluctuates at present. It happens to partically all currencies, both stable and unstable ones. Then, what is about the value (amount) of debt payment of a currency already undergoing high depreciation or inflation ? This paper discusses this issue by referring to the dutch civil code and opinions of several indonesian legal experts. Personally, the author does not hesitate to follow the direction as stated by the former chief judge of the indonesia's supreme court, Prof. Soebekti, stating that : If a case can not be settled by the existing civil code and traditional law, the judge shall pass a judgement based on justice. An example quoted from Prof. Soebekti : A collects 1954's debt from B to an amount of Rp. 1,000.00, with the collection of Rp. 20,000.00 because the current gold price is 20 times as much as that in 1954. The court approves the payment of Rp. 10,000.00 considering the currency inflation risk of to be equally borne by both parties. The author also mentions the need for filling a suit against international currency speculators. Their speculation resulting in misery and poverty to many people can be considered a wrong doing.

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