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PENYELESAIAN PEMBIAYAAN BERMASALAH DI BMT BIMA NGLUWAR MAGELANG
This effort to guarantee an item or trust is an obligation that must be carried out by the debtor, so that the debtor feels that he has an obligation to repay the credit given by the creditor to the debtor. There are many debtors who commit defaults, one of which is BMT Bima Ngluwar Magelang. In general, due to certain reasons, such as being negligent in their obligations, their business is no longer running, or their awareness of paying the installments is very small because of the guarantee provided, the debtor considers it worthless. The research was conducted to determine the implications of a guarantee if a credit agreement is in default at BMT BIMA Ngluwar and to analyze the legal efforts taken by BMT BIMA Ngluwar at the time of settlement of problematic financing. This research is empirical juridical research that is qualitative in nature, namely focusing on the presentation of empirical data that has been analyzed. The research approach used is a legal sociology approach to study the objects in this research. The analytical method of this research is descriptive analysis, namely the data that has been obtained is analyzed qualitatively and explained descriptively (clearly). The results of this research can be seen that firstly, the legal implications for resolving problematic at the BMT BIMA Ngluwar branch include execution of the guarantee, legal action, namely a simple lawsuit through the religious court, collection against the guarantor. The execution of guarantees against default is carried out in 2 ways, namely parate execution where the bank carries out the execution after the credit negotiation stages or steps fail to be adhered to by the debtor. Execution is a last resort by the bank trying to save a default through credit rescue stages or steps. Execution can also be carried out through fiat execution in accordance with the Mortgage Law, namely through State Receivables Committe (PUPN) and execution is carried out by the bank through a court order to take action against debtors who do not comply with the obligations in the credit agreement resulting in default. Second, efforts to save credit can be carried out using 3R which includes rescheduling, reconditioning and restructuring. The legal efforts taken by BMT BIMA in dealing with defaulting customers are more of a non-litigation route and prioritize consensus deliberation and a family approach as a form of balancing the bank and customer relationship.
FAKULTAS SYARI’AH DAN HUKUM, UIN SUNAN KALIJAGA YOGYAKARTA
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