UPAYA HUKUM TERHADAP DEBITUR WANPRESTASI DALAM PELAKSANAAN PERJANJIAN PEMBERIAN KREDIT DENGAN JAMINAN FIDUSIA (Studi Kasus PT. Bank Rakyat Indonesia Cabang Cik Ditiro Yogyakarta)

HUTAPEA, ESTER REONIDA (2009) UPAYA HUKUM TERHADAP DEBITUR WANPRESTASI DALAM PELAKSANAAN PERJANJIAN PEMBERIAN KREDIT DENGAN JAMINAN FIDUSIA (Studi Kasus PT. Bank Rakyat Indonesia Cabang Cik Ditiro Yogyakarta). S1 thesis, UAJY.

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Abstract

This minithesis entitled Legal Force Upon Failed Debtor in Conducting Credit Agreement Provision under Fiduciary Guarantee (Case Study : PT. Bank Rakyat Indonesia Cik Ditiro Branch Yogyakarta) aimed to understand and collect data of legal forces had been applied by PT. Bank Rakyat Indonesia Cik Ditiro Branch Yogyakarta towards failed debtor caused by their values of Fiduciary warranted goods in credit agreement provision were decreasing. The result is dedicated to give understanding supports for Department of Business and Economics Legal Studies, especially about legal forces upon failed debtor in conducting credit agreement provision under Fiduciary Guarantee. The author classified this study as an empiric legal research with induction logical characteristic which was in accordance to the facts among society, such as social facts and data sources gained from direct interview with keynote speakers and respondents at PT. Bank Rakyat Indonesia Cik Ditiro Branch Yogyakarta. For analytical method, the author used qualitative descriptive method which systematically understanding, combining and examining collected data that will finally lead into a conclusion. Therefore, the author conclude for the case of Credit Agreement Provision under Fiduciary Guarantee with heavy equipments as warranted goods, law force execution for failed debtor by holding a public auction through KPKNL Institution and conduct payment of the credit debt deficiency with either installment system or hard cash is according to article 6 of Credit Agreement Provision under Fiduciary Guarantee using general warranties; and also in conformity with the application of article 1131 KUHP (Civil Law).

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