Joint responsibility is: understanding, legal basis, and examples in engagement

In the legal system in Indonesia, the term joint responsibility is not foreign. This term is often found in debt agreements, business cooperation, and other legal relations involving more than one party. So, what exactly is a joint responsibility? This article will discuss the understanding, legal basis, and examples of the application of joint responsibility in the engagement.

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What is a joint responsibility?

A joint responsibility is a term in civil law that refers to a form of responsibility carried out jointly by two or more people as a debtor or creditor to fulfill an achievement that is their obligation.

This type of responsibility is often used in agreements or contracts, both by individuals and business entities, as a form of engagement that gives the rights to the creditor to demand all achievements to the debtor without having to share it. Which in its implementation, this joint liability can not occur automatically, but must be explicitly regulated in the law or promised in advance by the parties.

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Basis of joint responsibility in Indonesia

The legal basis governing joint responsibility is spread in various articles in the Civil Law (“KUHPATA”), including:

1. Article 1278 – 1279 Civil Code, regulates active joint responsibility
2. Article 1280 – 1281 Criminal Code, regulates passive joint responsibility
3. Article 1282 of the Civil Code, regulates the provisions and terms of joint responsibility
4. Article 1283 – 1287 Civil Code, regulates the rights and obligations of the debtor in passive joint responsibility
5. Article 1288 – 1290 of the Civil Code, regulates the consequences of liberation, delay, or reduction of debt
6. Article 1291 – 1295 of the Civil Code, regulates regres rights and debt exemption

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Types of joint responsibility

Based on the Civil Code and Civil Law Doctrine, the type of joint responsibility is divided into 2 (two), namely:

1. Active joint responsibility

Active joint responsibility is a form of engagement that involves more than one creditor, where each creditor has the right to demand the fulfillment of the entire agreement of the debtor. Which if one of the creditor receives repayment, then the debtor’s obligation to another creditor is considered to have been completed.

2. Passive joint responsibility

Passive joint liability is a form of engagement that involves more than one debtor, where each debtor can be required to meet all binding by creditors. Which is if one debtor pays off the entire debt, then the other debtor is automatically free from that obligation.

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Example of a joint responsibility

After knowing the types of joint responsibility, here are examples of joint responsibility:

1. Active joint responsibility

If A, B, C, D, and E as a family creditor provide a loan of Rp250 million to F as a debtor for the convection business. According to the agreement, F is required to pay debts and interest every month. When F paid off the remaining debt to one of the creditor (for example, C), the debt burden on F to all creditors (A, B, C, D, and E) is considered to have been completed.

2. Passive joint responsibility

If A as a creditor, while C, D, and E are debit, then A can claim all debt to C, D, and E. When one of the debit (for example, E) melts all debts, then the obligations C and D for A are considered to have been completed.

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Differences in joint responsibility with joint responsibilities

The following is the difference between a joint responsibility and shared responsibility

Aspect	Joint responsibility	Shared responsibility
Billing by creditor	Creditors can collect all debt to one of the debtors without having to share it	Creditors can only collect debt according to the portion of each debtor.
Debtor rights	The billed debtor cannot ask that the debt be broken down to another debtor.	The debtor is only required to pay for the part; There is no responsibility for other debtors.
If the debt is repaid	Repayment by one of the debtors freed another debtor to the creditor	Repayment by a debtor only releases the debt part of its own, not freeing the other debtors.
The nature of the alliance	Occurs if it is strictly regulated by law or agreement.	Valid in general if there are no specific provisions regarding joint responsibility.

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Advantages and risks of joint responsibility systems

The joint responsibility system has a number of advantages as well as potential risk in its application.

The advantages of a joint responsibility system:

1. Protection of Creditors

One of the advantages of a joint responsibility system is the protection of creditors because creditors can collect all debt to one of the debtors without having to share it, so that the billing process becomes easier and faster.

2. Billing effectiveness

The effectiveness of billing in a joint responsibility system is achieved because the creditor is enough to collect one debtor for all debt, so that repayment can be done faster without having to demand all debtors separately.

3. Legal certainty

Legal certainty is one of the advantages of a joint responsibility system because the payment of debt by one of the debtors frees other debtors from obligations, thereby preventing double billing and creating clarity for all parties.

Joint Risk Risk:

1. Potential disputes between parties responsible

Potential disputes between parties in a joint responsibility system arise because there is no determination of the proportion of clear responsibility, so that it can lead to regres conflicts between debtors who pay and other debtors.

2. Disproportionate burden on one party

Disproportionate burden is a risk in a joint responsibility system because one debtor can be asked to pay off all debt even though it only receives some benefits, while other debtors are free from obligations after one of the full pay.

3. The risk of default which has a broad impact

The risk of default in a joint responsibility system has a broad impact because if one party default or does not meet its obligations, then the entire group is responsible, which can cause greater losses and loss of expected benefits.

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How to avoid or regulate joint responsibility in the agreement

After understanding the benefits and risks of the joint responsibility system. Here are some ways to avoid and regulate joint responsibilities in the agreement of existing risks:

1. Include a clear and decisive clause of responsibility;

Includes a clear and firm clause of responsibility is important to avoid the confusion of law and minimize disputes between responsible parties.

2. Determine the portion of the responsibilities of each party

Determine the portion of the responsibilities of each party in the agreement to prevent unfair burdens by ensuring that each party is only responsible according to the benefits or capacity.

3. Making a memorandum of agreement to carry out joint responsibility

Making a memorandum of agreement on the implementation of a joint joint responsibility to regulate the contribution of each party and the mechanism of compensation proportionally so that the implementation of obligations is fair and structured.

4. Including a dispute resolution mechanism

Including a dispute resolution mechanism in an important agreement to anticipate default and regulate the division of risks explicitly, thereby reducing the potential for conflict and encouraging compliance and even there is a deterrent effect in it.

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(This article has been edited by the perqara editorial team)

Legal basis

1. Civil Law Law (Kuhperdata)

Reference

1. Salim, Introduction to Written Civil Law. Jakarta: Sinar Grafika, 2009.