PERLINDUNGAN HUKUM AKIBAT WANPRESTASI DALAM PERJANJIAN KREDIT MACET DENGAN JAMINAN SERTIFIKAT TANAH

Abstract

Bad credit is very much feared by every bank, because it will disrupt the bank's financial condition due to delays in payment of principal and interest installments. Thus delayed the bank's opportunity to earn interest income and receive back the principal debt. Therefore, it is necessary to make efforts to regulate credit agreements, because if there is a default in the credit agreement, the best solution can be taken between the bank as the creditor and the debtor. Settlement can be carried out through procedures determined by the bank as well as agreements that have been agreed between the two parties. The problem in this study is what are the factors that cause debtors to default on credit agreements. Is the default settlement procedure in Case Decision Number 10/Pdt.G.S/2020/PN.Pya in accordance with Law Number 37 of 2004 concerning Suspension of Debt Payment Obligations. The research method used is normative juridical research using bibliographical data from various literature books, journals, laws and regulations and so on. Data analysis was carried out in a qualitative normative way. Research results Based on the author's research and observations that the writer has learned from the District Court Decision Number 10/Pdt.G.S/2020/PN.Pya, that the District Court Decision Number 10/Pdt.G.S/2020/PN.Pya is not in accordance with the Law Number 37 of 2004 concerning Suspension of Obligations for Payment of Debt Article 222 paragraph (2) and (3). Due to the good faith of the Debtor to pay his debts, the Debtor does not immediately run away from his responsibility to pay his debts, bearing in mind that the Debtor is in a helpless state because the business the Debtor is managing is going bankrupt, due to the Covid-19 case which soaring in 2020, and there is injustice for the Debtor, where previously the Creditor sued the Debtor, the Debtor should have had the opportunity to pay his debts by means of: costs for managing and settling bankruptcy assets, Requesting to reschedule regarding the relief of the problem through the reconciliation process which has been regulated in CHAPTER III Part One Suspension of Obligations for Payment of Debt, which is regulated in Article 222, paragraph (2) and paragraph (3)