PENYELESAIAN PERKARA WANPRESTASI PADA PUTUSAN HAKIM NOMOR 17/PDT.G.S/2019/PN.MKD DI PENGADILAN NEGERI MUNGKID

AHMAD DZULFAQOR ALBAZ ALWY, NIM. 18103040031 (2022) PENYELESAIAN PERKARA WANPRESTASI PADA PUTUSAN HAKIM NOMOR 17/PDT.G.S/2019/PN.MKD DI PENGADILAN NEGERI MUNGKID. Skripsi thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

Default has been determined in Article 1243 of the Civil Code (KUH Perdata) as compensation for costs, losses and interest due to non-fulfillment of an engagement, if the debtor, even though he has been declared negligent, still fails to fulfill the engagement, or if something must given or done can only be given or done in a time that exceeds the specified time. In the case of default of bad credit, it is actually a case of default of bank credit in general, but in the settlement of this case it is not as in the picture, namely because it has been decided by the Judge of the Mungkid District Court that the debtor has defaulted and requires the debtor to give authority to the creditor to carry out executions. collateral/collateral auction. However, this is not the case, because the creditor (bank) provides an option to settle bad loans in accordance with Article 7 paragraph (2) of POJK 11/POJK.03/2015, namely by administrative settlement efforts, namely rescheduling (re-scheduling), reconditioning (re-conditioning) ), and restructuring (rearrangement). The substance of the three is an effort to ease the burden on debtors who have difficulty paying credit repayments. The research method that the author uses is descriptive analytical by describing the results of the research/data. It is a form of alignment to learn whether the case is in accordance with the laws and regulations and applicable values. Interviews in the field as extracting information related to the reality that occurs in the field. The theory used is the theory of settlement of default cases, the theory of credit settlement and the theory of justice. The data collection technique was carried out by means of field studies and literature by conducting interviews with the Plaintiffs and Defendants concerned and collecting primary legal materials, secondary legal materials. The results of the study conclude that: First, the case of nonperforming/bad credit default is something that really needs to be anticipated, because the existence of a financing breakdown will have an impact on several other components/customers as well as a decline in the soundness of a bank. Second, that the settlement of non-performing/bad credit default cases does not mean the execution of collateral/collateral auctions as the only solution to the settlement of cases, but there is also an administrative settlement that is easing the debtor/debtor. In the end, a default case does not all end in the execution of guarantees (auctions), but can also be resolved administratively. In the end, a default case does not all end in the execution of guarantees (auctions), but can also be resolved administratively

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