PENYELESAIAN HUKUM DEBITUR WANPRESTASI KARENA TERDAMPAK COVID-19 DI BANK BTN KANTOR CABANG YOGYAKARTA

Muhammad Zakie Nurfahmi, NIM.: 17103040116 (2021) PENYELESAIAN HUKUM DEBITUR WANPRESTASI KARENA TERDAMPAK COVID-19 DI BANK BTN KANTOR CABANG YOGYAKARTA. Skripsi thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

Bank BTN Yogyakarta Branch Office is a business entity engaged in the economy. One of its superior products is a credit agreement. In carrying out the credit agreement can not be separated from the risk of bad credit. The COVID-19 pandemic has made the number of non-performing loans at Bank BTN Yogyakarta Branch Office increase drastically. To anticipate a worse impact, bank BTN Yogyakarta Branch Office restructured. In practice, the granting of restructuring is considered a declaration of default. The existence of restructuring is precisely used as an excuse by debtors to be free from carrying out their obligations to bank BTN Yogyakarta Branch Office. One of the things that makes the basis for restructuring is the assumption that the COVID-19 pandemic is a force majeure. This research was conducted at the BTN bank branch office in Yogyakarta with an empirical juridical research methodology. This study looks at how the bank implements. The data used are primary data, namely data obtained directly from the field by conducting interviews, as well as secondary data from the results of library studies. The analysis used in processing the data is a qualitative analysis which draws conclusions deductively. In resolving non-performing loans, bank BTN Yogyakarta Branch Office uses 2 efforts, namely the non-litigation line and the litigation line. The non-litigation path is taken when the debtor still has good faith and is cooperative to save his credit. Because in settlement with the non-litigation route, negotiations will be carried out which will later be agreed in an addendum. Settlement by litigation is taken because in settling problem loans using non-litigation channels is considered no longer possible. The existence of the COVID-19 pandemic has created new problems in credit practices at Bank BTN Yogyakarta Branch Office. During the COVID-19 pandemic, it is not allowed to settle non-performing loans through litigation, but all non-performing loans must be restructured. This situation is actually being exploited by irresponsible parties, where they hide with frills affected by the COVID-19 pandemic. So that credit that was already stuck before the covid-19 pandemic can be given special assistance for handling during the covid-19 pandemic. To anticipate the existence of a moral hazard, not all debtors receive restructuring assistance. So for debtors who are affected by the covid-19 pandemic, but need restructuring, they can meet the terms and conditions set by bank BTN Yogyakarta Branch Office.

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