UPAYA HUKUM PT. BANK MANDIRI TBK. CABANG JAYAPURA TERHADAP DEBITUR YANG WANPRESTASI DALAM PELAKSANAAN PERJANJIAN KREDIT DENGAN JAMINAN HAK TANGGUNGAN ATAS TANAH MILIK ORANG LAIN DI PROPINSI PAPUA

Suryana, Rangga Ferry (2011) UPAYA HUKUM PT. BANK MANDIRI TBK. CABANG JAYAPURA TERHADAP DEBITUR YANG WANPRESTASI DALAM PELAKSANAAN PERJANJIAN KREDIT DENGAN JAMINAN HAK TANGGUNGAN ATAS TANAH MILIK ORANG LAIN DI PROPINSI PAPUA. S1 thesis, UAJY.

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Abstract

The research is aimed to find out and analyze law effort conducted by PT. Bank Mandiri TBK of Jayapura branch to complete debtor’s credit who conducted wanprestasi to third party security. It is empiric juridical with qualitative descriptive method, that is describe situation and condition examined is attributed to valid rule contents related to the title of the research. The research data emphasized on the secondary data source as main data which consist of primary, secondary, and tertiary law resource supported by the primary data which is obtained from document study and interview on PT. Bank Mandiri Tbk of Jayapura Branch. The obtained data from the result of the research after qualitatively analyzed showed that credit present mechanism on Bank Mandiri Tbk of Jayapura Branch was initially with credit application proposed by customer. After all the determined requirements were complete and correspond to valid requirements, then the credit application was agreed and assigned by Head of Credit Department. Further, the credit present implementation toward small and middle business with right security on Bank Mandiri Tbk of Jayapura branch according to writer has been correspond to valid legislation rule. It could be known by a procedure which must to be passed by the debtors and the following are the requirements completed by the candidate of debtor based on principles of credit present determined by the management of Bank Mandiri Tbk of Jayapura branch. The law effort which were implemented by Bank Mandiri Tbk of Jayapura Branch were rescheduling, reconditioning, and restructuring, in addition there was other effort could be conducted that is: combination (the combination of three kind of effort), security confiscation (the last effort when customer didn’t have good intention or they were incapable to pay their debt). In this case, Bank Mandiri Tbk of Jayapura branch as the creditor sold a collateral auction that was used to a credit guarantee. Although the auction sale was claimed by the third party as the owner of the collateral items, the execution collateral still ran. It is because previously has been agreed that the third party’s land were used as the collateral and the third party agreed it. The agreement was known by the bank party, therefore when there was an accusation from the third party heir, the bank perceived that they didn’t break the stipulation in the credit agreement.

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