Equal responsibility is: understanding, legal basis, and examples of participation

In the legal system in Indonesia, the term of equal responsibility is not foreign. This term is often seen in debt agreements, business cooperation, and other legal relations involving more than one party. So, what is the same responsibility? This article discusses understanding, legal basis, and examples of using equal responsibility for participation.

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What is the same responsibility?

A uniform responsibility is a term of civil law referring to a form of responsibility produced by two or more people as an indebted or debtor to fulfill their obligation.

This type of responsibility is often used in agreements or contracts, of individuals and business entities that give the rights of the creditor to all those achievements with sharing it. That in implementing it, this equal liability cannot be automated, but should be clearly regulated by the law or promise to initialize parties.

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Basis of equal responsibility in Indonesia

The legal basis in charge of responsibility is exposed to different articles of civil law (“Kuhpata”), including:

1. Article 1278 – 1279 Civil Code, regulates active equal responsibility
2. Article 1280 – 1281 Criminal Code, regulates passive responsibility
3. Article 1282 in the Civil Code, regulates the provisions and terms of equal responsibility
4. Article 1283 – 1287 Civil Code, regulates the borrower’s rights and obligations of the JointSive’s passive responsibility
5. Article 1288 – 1290 in Civil Code, regulates the results of liberty, delay, or debt reduction
6. Article 1291 – 1295 in Civil Code, regulates Regres rights and debt exemption

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Types of joint responsibilities

Based on Civil Code and Doctrine Doctrine in Civil, the class of equal responsibility is divided by 2 (two), which is:

1. Active equal responsibility

Active equal responsibility is a form of involvement involving more than one creditor, where each creditor has the right to demand the debt debt. That if one of the creditor receives, then the obligation of the borrower to another creditor is deemed to be completed.

2. The Response Responsibility of Passive

Passive with a passive liability is a form of involvement involving more than one debtor, where every debtor can meet all that binds the creditors. Which if a debtor pays the whole loan, then other creditor automatically without an obligation.

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Example of a uniform responsibility

After distinguishing types of equal responsibility, here are examples of uniform responsibilities:

1. Active equal responsibility

If A, B, C, D, and E as a family credititor provides a loan to RP250 million in F as a debtor for confection business. According to the Agreement, F should pay debts and interests each month. If f pays the rest of the debt to one of the credited (eg, c), the burden of debt to f by all the creditors (A, B, C, D, and E) is considered completed.

2. The Response Responsibility of Passive

If a as a credititor, while c, D, and e is a debit, then a can claim the whole debt to c, D, and E. When one of the debites (for example, e) melts the whole obligations to a be considered to have been completed.

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Differences in equal responsibilities in equal responsibilities

The following is the difference between a uniform responsibility and shares responsibility

In aspects	Joint responsibility	Shared responsibility
Billing Manual	Creditors can collect all debt to one of the owes it does not share	Loans can only collect debt according to the part of each indebted.
Borrower’s rights	The inserted owed cannot ask the debt to break into another borrower.	Borrower is only required to pay for part; No responsibility for other debtors.
If the debt is paid	Paying one of the eaters releases another loan loan	Paying a debtor just releases the debt part of the self, without releasing other debts.
The nature of the Alliance	Occurs when it is strictly organized by law or agreement.	Valid in general if no specific provisions about equal responsibility.

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Advantages and risks of equal responsibility systems

The system with responsibility has many advantages as well as the potential risk of its application.

The advantages of a uniform system of responsibility:

1. Protection of creditors

One of the advantages of a joint system of responsibility is to protect the creditors because creditors can collect all of the debt to one of the creditors that do not share it, so that the billing process can be easier and easy.

2. Effectively with the sake

The effectiveness of the billing of a joint system of responsibility is achieved because the creditor is sufficient to collect a debtor in all debt, so that payment may be more necessary to demand all the debtors.

3. Legal security

Legal security is one of the advantages of a joint system of responsibility because the debt repayment of one of the debts has set other debts from the obligations from the obligations of all parties.

The joint risk of risk:

1. Potential disputes between the parties responsible

Potential disputes between the parties of a joint system of responsibility comes because no determination of the proportion of clear responsibilities, so that it leads to the advocates of debtors.

2. Cannot separate burden of a party

The unchanged burden is a risk of a mixed system of responsibility because a debtor can be asked to pay all the debt even if it has obligations from a full paycheck.

3. Default risk with a wide range of effect

The risk default in a joint system of responsibility has a wide effect because if a party default or does not meet its obligations, which can cause many disabilities.

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How to avoid or regulate equal responsibilities in the agreement

After the benefits and risk of the combined system of responsibility. Here are some ways to avoid and regulate equal responsibilities in the agreement with those who have risks:

1. Include a clear and decisive clause of responsibility;

Includes a clear and strong clause of responsibility it is important to avoid confusion of law and decrease disputes between responsible parties.

2. Determine about every party’s responsibilities

Learn about every party’s responsibilities to avoid uneven burdens by making sure each party is solely responsible for benefits or capacities.

3. Create a Memorandum of Agreement to make equal responsibility

Create a Memorandum of Agreement to implement a uniformly equal responsibility to regulate each party’s contribution and the mechanism of equity to reasonable and structure.

4. Includes dispute resolution mechanism

Includes a controlling mechanism of an important deal of anticipation of default and regulate division of risks clearly, in such a reduced confidence and encouragement of compliance with it.

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(This article is edited by Perqara Editorial Team)

Legal basis

1. Law of civil law (kuhperdata)

reference

1. Salim, Introduction to written civil law. Jakarta: Sinar Graphika, 2009.