ANALISIS HUKUM TERHADAP PRAKTIK HUTANG BUNGA PADA MASYARAKAT DESA KALIANGET TIMUR, KECAMATAN KALIANGET, KABUPATEN SUMENEP

Roby Alansyah, NIM.: 21103040135 (2025) ANALISIS HUKUM TERHADAP PRAKTIK HUTANG BUNGA PADA MASYARAKAT DESA KALIANGET TIMUR, KECAMATAN KALIANGET, KABUPATEN SUMENEP. Skripsi thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

Debt is someone who gives or lends something to another person, with an agreement that the person will return the same. However, in reality, many people, especially the people of East Kalianget, Sumenep Regency, take advantage of debt by practicing loan sharks or giving high interest to debtors. So that many are in default. The formulation of the problem in this study is: 1. What is the form of interest debt agreement among the people of East Kalianget, Sumenep Regency? 2. How is the settlement of interest debt disputes when there is a default among the people of East Kalianget, Sumenep Regency? 3. Is the practice of interest debt in accordance with the Civil Code and is the settlement of default disputes in accordance with Alternative Dispute Resolution (ADR)? The objectives of this study are: to determine the form of interest debt agreement, settlement of default disputes, and to determine the suitability of interest debt practices with the Civil Code and the suitability of default dispute settlement with Alternative Dispute Resolution (ADR). This type of research is empirical legal research, the nature of the research is descriptive analytical, and the approach is qualitative research. The collection of primary data sources is interviews and observations, while secondary data sources are in the form of the Civil Code, books, journals, articles, legal research, and others. The data analysis technique in this study is the qualitative data analysis technique of the Miles and Huberman model, namely: data reduction, data presentation, and drawing conclusions. The results of this study indicate that the form of debt agreement that occurs is done verbally, without a written agreement or receipt, there is interest that varies between 5% to 10% either per week or per month, without collateral, and there is no debt repayment deadline or flexible. When a default occurs, it is resolved amicably by means of deliberation or negotiation between the creditor and the debtor. The practice of debt that occurs in the East Kalinget Community is in accordance with the Civil Code because it has met the requirements for a valid agreement regulated in Article 1320 of the Civil Code, but the application of interest is less in accordance with the Civil Code. The method of resolving default disputes in the East Kalianget Community is in accordance with the concept of alternative dispute resolution (ADR).

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