TINJAUAN HUKUM WANPRESTASI OLEH NASABAH PERJANJIAN KREDIT KUPEDES PADA PT. BANK RAKYAT INDONESIA UNIT SUDIRMAN PEKANBARU

Muhammad Nadhif Syauqi Abrar, Hayatul Ismi, Dasrol Dasrol

Abstract


The problem that often arises in the implementation of credit agreements is a
situation where the debtor is negligent in carrying out his obligations or what is usually
called default. The fact that often occurs in the field is that debtors are late in making
payments, both installments and interest. Therefore, every time the bank extends credit, in
practice the bank always asks the debtor to submit collateral. . For security in returning
the credit. Credit given by banks is based on trust, so that in this way credit is giving trust
to customers. . Research Objectives To find out the process of efforts and obstacles in
solving default problems by customers of the Kupedes credit agreement at PT. Bank Rakyat
Indonesia Unit Sudirman Pekanbaru.
This type of research can be classified as a Juridical Sociological type of research,
because in this study the authors directly conducted research at the location or place under
study in order to provide a complete and clear picture of the problem under study. This
research was conducted at PT. Bank Rakyat Indonesia Sudirman Pekanbaru Unit Branch,
while the population and sample are all parties related to the problems studied in this
study, the data sources used are primary data, secondary data, research subjects, related
to data collection in this study by observation, interviews and studies literature.
As for defaults in the process of bank credit agreements where the debtor is slow to
pay credit installments, the bank is negligent and less thorough in assessing potential
debtors. Dispute resolution is divided into two, namely litigation and non-litigation.
Dispute resolution through litigation is a settlement of disputes that is carried out through
a court, where this settlement must follow formal requirements and procedures in court
and as a result the time period for resolving disputes is longer. As a party, Bank Rakyat
Indonesia knows the prospective debtor well in terms of personality, ability, capital,
collateral, economic conditions, so there is little possibility of bad financing. If the debtor
disappears / where his whereabouts are unknown while he still has debts to the bank /
creditor. The trick is to provide a blacklist (input into a blacklist book).


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