Penyelesaian Perjanjian Kredit Macet melalui Lelang Hak Tanggungan Akibat Wanprestasi Pihak Debitur Kepada PT. Bank Negara Indonesia Cabang Medan (Studi Putusan Nomor 464/PDT.G/2021/PN MDN)

Abstract

The Providing credit by financial institutions carries the risk that loans may not be repaid on time; in other words, the debtor may commit a default (break a promise) to the financial institution. Default refers to non-compliance or negligence in fulfilling the obligations stipulated in the agreement between the lender and the loan recipient. This research aims to analyze and find out the clauses related to legal bad debts regarding legal regulations in Indonesia, to analyze and find out the legal consequences in bad credit disputes carried out by debtors who default on PT Bank Negara Indonesia, and to analyze and find out judge's decision in resolving creditors' bad credit agreements through an auction for the execution of mortgage rights carried out by PT Bank Negara Indonesia for debtors who were in default (Study Decision Number 464/Pdt.G/2021/PN Mdn). This research is normative juridical research with a case approach that is descriptive analysis. The data collection techniques used in this research were library research and interviews. The data analysis technique used is a qualitative approach technique including data reduction, data presentation and drawing conclusions. The results of the research show that: (1) Legal clauses related to bad credit agreements as a result of laws and regulations in Indonesia have been regulated in the Civil Code (KUHPerdata), Law Number 10 of 1998 concerning Amendments to Law Number 7 of 1992 concerning Banking, and other regulations, (2) Legal consequences in bad credit disputes carried out by debtors who default on PT Bank Negara Indonesia, namely: a) Debtors are subject to fines as compensation, b) Objects used as collateral will confiscated, c) The debtor sells his assets to pay off the credit, and ) The debtor is subject to court costs. (3) The judge's legal considerations in resolving disputes resulting from bad credit carried out by PT Bank Negara Indonesia for debtors who are in default (Study Decision Number 464/Pdt.G/2021/PN Mdn) namely a) Kashmiri (debtor) as Debtor and Obligations Arrears, b) Legal steps taken by PT. Bank Negara Indonesia, c) Auction Process by PT. Bank Negara Indonesia and the Medan State Property and Auction Service Office, d) Kasmiadi's argument as debtor and the judge's considerations, e) Rejection of Kashmiri's Petitum (debtor) and f) Rejection of Confiscation Petitum and Court Fees.