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PENYELESAIAN WANPRESTASI ATAS PENGUASAAN BARANG JAMINAN FIDUSIA (STUDI KASUS DI PERUMDA BPR BANK MAGELANG)
In the banking world, credit agreements are instruments that often involve collateral. One form of collateral that is increasingly relevant is fiduciary security, especially for movable goods. Banks can be said to be one of the financial institutions that have an important role in the wheels of the community's economy, especially in raising funds and distributing credit. In the distribution of credit to the public, the credit agreement itself is often in default. Default is a crucial issue in the banking industry, especially in BPR Perumda Bank Magelang, because it can have a significant impact on the financial health of the institution and its operational sustainability. Default problems at Perumda BPR Bank Magelang are mostly caused by debtors who experience difficult economic conditions. The research method used by the researcher in this study is juridical-empirical, where the author conducted direct research at the research location. This study is descriptive and analytical in nature. The data collection used was taken from primary data by conducting interviews at Perumda BPR Bank Magelang and secondary data, which was then processed and analyzed using qualitative methods. Based on the research results, it can be seen that: First, if the debtor defaults or breaks the promise, he is obliged to submit the fiduciary guarantee voluntarily to Perumda BPR Bank Magelang. This collateral object will be temporarily deposited and provide an opportunity for the debtor to pay off his arrears. If the debt remains unpaid, the fiduciary collateral will be sold to cover the debtor's obligation. Second, Perumda BPR Bank Magelang resolves default problems starting with a non-litigation approach by verbally or in writing reprimanding, followed by a subpoena as a legal warning, and inviting mediation. At this stage, the bank will negotiate with the debtor regarding the arrears and payment period, including credit restructuring/credit rescue options and provide an opportunity for the debtor to recover their credit quality. If family efforts do not produce results and the debtor does not show good faith, then litigation settlement efforts will be continued by submitting a request for execution of the fiduciary guarantee through the District Court.
FAKULTAS SYARIAH DAN HUKUM, UIN SUNAN KALIJAGA YOGYAKARTA
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