PERLINDUNGAN HUKUM BAGI LEMBAGA PEMBIAYAAN AKIBAT DEBITUR WANPRESTASI PASCA RESTRUKTURISASI KREDIT ERA COVID-19 (STUDI PUTUSAN: NOMOR 51/PDT.SUS-BPSK/2022/PN.PDG)

Khairil Anam, NIM.: 19103040012 (2023) PERLINDUNGAN HUKUM BAGI LEMBAGA PEMBIAYAAN AKIBAT DEBITUR WANPRESTASI PASCA RESTRUKTURISASI KREDIT ERA COVID-19 (STUDI PUTUSAN: NOMOR 51/PDT.SUS-BPSK/2022/PN.PDG). Skripsi thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

The credit system is a form of banking activity carried out by financial institutions in order to conduct joint activities with their customers. Maybank Indonesia, as one of the large private banks, has many branches operating in various sectors. One of them is PT. Maybank Finance, which is engaged in automotive financing. Nuraini, as one of the customers of PT. Maybank Indonesia Finance branch in Padang, borrowed money through this service as capital to pay for the Wuling Confero car she purchased through PT. Maju Global Motor. However, during the repayment period, several payment delays (default) were encountered. The customer's justification was that she was among those affected by the COVID-19 pandemic. This study is a descriptive-analytical literature research in which the author explains the actions taken by the banking institution to anticipate this issue by providing credit restructuring policies. The author uses secondary data sources in the form of an analysis of the verdict of the Padang District Court Number 51/Pdt.Sus-BPSK/2022/PN Pdg. The primary legal materials used are the Financial Services Authority Regulation Number 11/POJK.03/2020, Law Number 42 of 1999 concerning Fiduciary Security, and the Civil Code. The author analyzes normative qualitative research data. The research findings and data analysis obtained are as follows: first, the provision of credit restructuring to customers is carried out based on Financial Services Authority Regulation Number 11/POJK 03/2020. Second, due to Nuraini's tendency to default on payment deadlines due to the COVID-19 impact as a force majeure, the banking institution took unlawful action by hiring a debt collector. However, this action can be disputed by Article 30 of Law Number 42 of 1999 concerning Fiduciary Security. Therefore, when this policy cannot be implemented, the credit restructuring policy in this case becomes ineffective to be applied. Third, the decision of the Panel of Judges of the Padang District Court provides protection for the rights of the banking institution as a business entity. This is evident through the verdict of the Padang District Court that revokes the Arbitration Decision of the Padang Consumer Dispute Resolution Agency Number 04/PTS/BPSK-PDG-SBR/ARBT/II/2022, which favored Nuraini as the plaintiff. In addition, the assumption that Financing Agreement Number 575012000051 is legally valid is sufficient evidence that the mandate of Article 6 of Law Number 8 of 1999 concerning Consumer Protection, which discusses the rights of business actors, has been fulfilled.

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