“ANALISIS SOSIOLOGI HUKUM TERHADAP WANPRESTASI DALAM PERJANJIAN SIMPAN PINJAM TANGGUNG RENTENG DI BUMDESMA KECAMATAN BAYAN KABUPATEN PURWOREJO”

DIANA LAILATUS SA’DIYAH, NIM. 19203010056 (2021) “ANALISIS SOSIOLOGI HUKUM TERHADAP WANPRESTASI DALAM PERJANJIAN SIMPAN PINJAM TANGGUNG RENTENG DI BUMDESMA KECAMATAN BAYAN KABUPATEN PURWOREJO”. Masters thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

Poverty is a problem that has not been completely resolved by the government. Therefore, currently in Indonesia the government is actively making development efforts. In 2007 the Government of Indonesia planned a National Program for Independent Community Empowerment which was later transformed into BUMDESMA. One form of activity in BUMDESMA is the Women's Savings and Loans Group (SPP) with a joint responsibility system. However, in practice, in this savings and loan agreement, many debtors default in the form of bad loans, even though the joint responsibility system has been created to minimize the occurrence of bad loans. This will certainly have a detrimental impact on many parties. This thesis study uses a type of field research, with a Sociology of Law approach that is descriptive analytical philosophical, then the approach is related to the factors that cause default in the joint responsibility system in BUMDESMA and public legal awareness of savings and loan agreements. While the data collection method using interviews and documentation. The purpose of this study is to find out the factors that drive the occurrence of default in order to analyze from a sociological point of view the practice of default in BUMDESMA Bayan. This study uses the concept of the sociology of knowledge with the social construction theory of Peter L. Berger and Thomas Luckmann and Soerjono Soekanto's legal awareness. After doing research using the sociology of law approach, it was concluded that the number of defaults in the savings and loan agreements of SPP with joint responsibility was due to social factors including the knowledge of the Bayan community regarding the agreement agreement, the pattern of community life, especially women who were close to consumptive matters and economic conditions. These factors encourage social construction that is formed as a culture or habit of the Bayan community. So that bad credit is considered normal and becomes a character or habit. It is also influenced by legal awareness as a subjective reality of group members. In addition, the settlement mechanism used also uses the customs of the Bayan community with deliberation and kinship.

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