TANGGUNG JAWAB BORGTOCHT DALAM PERJANJIAN KREDIT PERBANKAN YANG MENGALAMI MACET

Akbar Pallasaron Ramamurakabi, NIM.: 17103040037 (2021) TANGGUNG JAWAB BORGTOCHT DALAM PERJANJIAN KREDIT PERBANKAN YANG MENGALAMI MACET. Skripsi thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

Individual guarantees (Borgtocht) in practice can provide additional confidence to creditors (banks) to extend credit to debtors. If there is a bad credit problem, then the person who is the guarantor (Borgtocht) is also responsible, namely the guarantor (Borgtocht) must pay the debtor's debt if the debtor no longer has the ability or the debtor has absolutely no assets that can be confiscated. The purpose of this research is to describe and analyze: (1) the legality and legal consequences of the borgtocht agreement in bank credit; (2) the responsibility of the individual guarantor (Borgtocht) if the debtor experiences bad credit. This type of research is library research (literature study). This type of research uses normative juridical. The nature of the research is descriptive analytical. The approach used in this research is the statute approach and the case approach. Data collection techniques using literature study by collecting primary and secondary legal materials. The data analysis technique used descriptive qualitative. The results of the study concluded that: First, the borgtocht agreement in bank credit is considered valid if the agreement meets the requirements stated in Article 1320 of the Civil Registry, namely: (1) there is an agreement to make an engagement; (2) the parties have the ability to make an engagement; (3) The contents of the agreement contain a certain subject (borgtocht); (4) A cause which is not prohibited (the borgtocht agreement is not prohibited by law). The borgtocht agreement has legal consequences binding the parties that make it a law (Article 1338 paragraph (1) of the Civil Code). Second, the guarantor (borgtocht) must pay the debtor's debt to the creditor (bank) if the debtor experiences bad credit. However, if the debtor (who is given a guarantee) is deemed guilty (negligent), then the guarantor is not obliged to pay it (Article 1831 of the Civil Code). If the guarantor (borgtocht) has released its privileges to demand that the secured debtor's property be repaid, the debt settlement mechanism, namely: (a) the debtor's assets are confiscated and used first to pay off the debt; (b) if the property is not sufficient to pay off the debt, then the guarantor (borgtocht) is also responsible for paying off the debtor's debt. If there is no clause regarding the distribution of the size of the collateral in the borgtocht agreement), the first guarantor will first be responsible for the credit that must be repaid. If the assets of the first guarantor are not sufficient to pay off the credit, then the second guarantor is responsible for repayment of the credit. Keywords: Responsibility, Borgtocht, Agreement, Bad credit

Item Type: Thesis (Skripsi)
Additional Information: Pembimbing: Dr. Sri WahyuniI, S.Ag., M.Ag., M.Hum.
Uncontrolled Keywords: Perjanjian kredit; Borgtocht; kredit macet
Subjects: Bank dan Perbankan
Manajemen > Keuangan
Divisions: Fakultas Syariah dan Hukum > Ilmu Hukum (S1)
Depositing User: Muchti Nurhidaya /PPL
Date Deposited: 24 Nov 2021 14:47
Last Modified: 24 Nov 2021 14:47
URI: http://digilib.uin-suka.ac.id/id/eprint/45163

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