Pengurusan Piutang Negara antara Panitia Urusan Piutang Negara (PUPN) dengan Debitur dalam Pernyataan Bersama Ditinjau dari Hukum Perjanjian (Penelitian pada Kantor Pelaynaan Piutang dan Lelang Negara Medan)

Abstract

The management of bad credits from Government's Banks is submitted to the Commission of the National Credit Affairs (PUPN) based on the Regulation No. 49 Prp Of 1960 about Commission of the National Credit Affairs. PUPN has an authority to manage the national credits by the issuance of the law provisions, one of them is Mutual Statement. Mutual Statement is an agreement between debtors and debt guarantor to pay all the debts at once or in installments to the state. Based on the above background, it is necessary to discuss how the implementation of the Mutual Statement is viewed from the Agreement Law and how the obstacles are faced in the Mutual Statement. To discuss this problem, it was made a descriptive analytic research. The location of the research is Medan city, the sample is PT. Bank Tabungan Negara (TBN), PT. Bank Negara Indonesia (Persero) Tbk of Medan Branch. Respondents are taken randomly of 30 persons. The primary data collecting tool is interview and questioners. Whole the secondary data are collected through library research. Data analysis is performed using the descriptive-kualitative method. The results of the research shows that : 1. The management of the national credit in the Mutual Statement between PUPN and debtors was performed according ton the principles of free contract and was supported by other principles, such as morality, the principle of law assurance, and of the equity in which the position between PUPN and debtors is equal. In the Mutual Statement, there is a fixed form which should be signed by debtors, as the same as the credit agreement with a Bank. However, the Mutual Agreement contains the recognition of fixed, lawful debts by using the slogan "On behalf of Justice Based on One God. 2. The obstacle faced in implementing the Mutual Statement between PUPN and debtors are : a) part of debtors do not meet the call of KP2LN to follow the interview in the framework of the implementation of the Mutual Statement; b) debtors object to admit the amount of the debts submitted by the debt delegate by giving the reason that the amount of their debts is not as much as it is written in the Documents of the Cases of the National Credits (BKPN); c) debtors ask to re-account the total amount of their debts; e) debtors are afraid of signing the Mutual Statement because they are influenced or threatened by a third party.