FAKTOR YURIDIS PENYEBAB BANK TIDAK DAPAT MELAKUKAN EKSEKUSI JAMINAN UTANG PADA PERJANJIAN KREDIT DENGAN KUALITAS KREDIT MACET

Putri, Catharine Keesha Anindya (2023) FAKTOR YURIDIS PENYEBAB BANK TIDAK DAPAT MELAKUKAN EKSEKUSI JAMINAN UTANG PADA PERJANJIAN KREDIT DENGAN KUALITAS KREDIT MACET. S1 thesis, Universitas Atma Jaya Yogyakarta.

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Abstract

Banks as intermediary institutions have the authority to collect funds from the public and channel them back to the community in the form of lending. Lending is considered full of risks, so lending must include collateral. Providing credit collateral gives the debtor the confidence and ability to pay off his debts according to what was agreed. As the first creditor, the bank is given the right to sell collateral that is under its authority if the debtor cannot pay it off as agreed, while the bank has difficulty selling collateral to fulfill debt payments because the collateral object in question is in dispute. Therefore, the purpose of this study is to find out what juridical factors cause banks to be unable to execute debt guarantees on credit agreements with bad credit quality. This legal research uses normative legal analysis based on case studies at Bank BNI Yogyakarta Branch, so this research uses secondary data. The results of this study are what juridical factors cause banks to be unable to execute debt guarantees in credit agreements with bad credit quality contained in the provisions in the Priority Principle, and Article 6 of the Mortgage Law which in practice conflicts with the provisions in Article 27 paragraph (1) ) PMK Number 213 of 2020 Concerning Instructions for Conducting Auctions

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