PENYELESAIAN WANPRESTASI DALAM PELAKSANAAN PERJANJIAN KREDIT DENGAN JAMINAN HAK TANGGUNGAN DI PT. BANK CIMB NIAGA, TBK YOGYAKARTA

UTOMO, SHANDY RAMADHANI (2009) PENYELESAIAN WANPRESTASI DALAM PELAKSANAAN PERJANJIAN KREDIT DENGAN JAMINAN HAK TANGGUNGAN DI PT. BANK CIMB NIAGA, TBK YOGYAKARTA. S1 thesis, UAJY.

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Abstract

This legal writing intended to know and analyze: (1) factors causing failure of debtor by insurance of guarantee rights in PT. Bank CIMB Niaga, Tbk Yogyakarta Branch, and (2) legal effort of settlement that is conducted by PT. Bank CIMB Niaga, Tbk Yogyakarta Branch to resolute the failure . Methodology used in this legal writing was: interview to respondent. Respondents in this legal writing were Head of Credit Department in PT. Bank CIMB Niaga Tbk, Yogyakarta Branch. Method of analysis used was qualitative analysis method. From the result of this legal writing, it gained two conclusions, i.e. (1) there are some factors causing the failure of debtor to the insurance of guarantee rights in PT. Bank CIMB Niaga, Tbk Yogyakarta Branch, i.e. the drawback of business owned by the debtor. Thus, their business have bankruptcy, the disturbance to the acceptance of fixed income of which disturbs to the financial condition of debtor, and the credit given by bank is not used appropriately to the purpose of credit providing (there happens credit misuse) by debtor. (2) Legal efforts of which are conducted to the failure of debtor by insurance of guarantee right in PT. Bank CIMB Niaga, Tbk Yogyakarta Branch by litigation effort, of which litigation is the last effort conducted if the settlement efforts by compromise (compromised settlement) has been conducted optimally however it have not been successfully settled. Litigation process is conducted by execution of insurance of guarantee right (for the guarantee object that has been burdened by guarantee right) or by filing the Civil Pursuit (for guarantee object of which has never been burdened Guarantee rights). Negotiation in litigation process is only possibly conducted for the purpose to settle the debt of which is not possibly for the purpose of debt restructuring. The suggestions submitted by author from the result of research are (1) bank should precisely and deeply conduct analysis to the potential debtor in giving credit decision and conduct more intensive supervisory in the implementation of credit agreement by insurance of guarantee rights to anticipate the risk of stagnant credit of which emerges from the providing of credit; (2) In the trading of object of guarantee rights that is conducted privately by debtor for settling his credit, the bank should requires the payment through bank account or before the bank in order the result of trade is not misused by debtor.

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