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This research analyzes the impact of Indonesian Supreme Court Decision No. 141/Pdt.Sus- PKPU/2020 on the execution of personal guarantees (borgtocht) in bankruptcy proceedings. This decision is significant as it has the potential to alter the practice of borgtocht execution and affect legal certainty for both creditors and debtors. The research employs a normative method with a statutory approach and case studies. Legal sources include legislation, legal literature, and relevant court decisions. The findings indicate that the Supreme Court decision provides clarity regarding the position of borgtocht in bankruptcy, yet also raises some legal uncertainties. This research offers recommendations for legal improvements regarding borgtocht execution to ensure legal certainty and fairness for all parties involved..    

. Legal Protection for the Implementation of Execution of Dependent Rights in Conventional Banks, which includes Research Objectives. For legal protection of the mechanism for the execution of the right of dependency in the return of debtors to the convention bank. Analyze the settlement of cases against bad debtors' assets to traditional banks and the execution of dependant rights in the process of loan repayment. How far studies on dependent rights execution in traditional banks have gone in terms of legal protections. Procedures for Conducting Studies The studies utilized are of a legal normative type. The study's findings Law 49/Prp of 1960, pertaining to the State Receivables Affairs Committee (PUPN Law), protects the right of dependents to the return of debts owed by government commercial banks. It is the responsibility of the State Receivables Affairs Committee ("PUPN"), established by law, to oversee the administration of all State Receivables. The execution of dependent rights in the return of debtors' assets to traditional banks and the settlement of bad credit cases were both inefficient and unsuccessful because, in reality, they could not recover the debts owed by the debtors. In summary Compared to the value of new bad credit cases submitted by traditional banks, the realization of receipts from the process of executing the right of dependency every year is significantly lower. As a result, the State Receivables and Auction Service Office (henceforth KP2LN) takes over the handling of receivables from traditional banks.

Credit risk is a risk that occurs due to the failure of customers or other parties to fulfill their obligations to the bank. Credit risk is the risk of possible losses as a result of non-repayment of credit provided by the bank to debtors (Natasia 2014). The higher the credit risk of a bank, the greater the number of problem loans. Credit risk can be measured by the Non Performing Financing (NPF) ratio. Nugraha 2018) Non Performing Financing or commonly abbreviated as NPF is the ratio between problematic financing and total financing disbursed by sharia banks. Nuha (2016) Non Performing Financing (NPF) is a comparison of problematic credit/financing with the total credit/financing provided. The higher the NPF ratio indicates a bank's inability to manage its problematic credit/financing, this will reduce the level of confidence of a bank in carrying out business activities. Problematic financing consists of substandard, doubtful and non-performing financing.

Debtor bankruptcy is a critical issue that has a significant impact on the performance of credit payments in the banking sector, especially at the BRI Batam Branch Office. This study aims to analyze the juridical impact of debtors' bankruptcy on credit payment performance in BRI Batam, focusing on the direct influence of bankruptcy on bank liquidity, asset quality, and bank operations. In the legal context, debtor bankruptcy is regulated by Law Number 37 of 2004 concerning Bankruptcy and Suspension of Debt Payment Obligations, which provides a framework for the bankruptcy process and its settlement. The research method used is normative juridical, with a case approach to collect empirical data from the BRI Batam Branch Office. Data was collected through interviews with bank management, analysis of bankruptcy documents, and literature review related to bankruptcy laws and regulations. Data analysis was carried out in a descriptive analytical way to understand the legal implications and operational impact of debtor bankruptcy on credit payment performance.The results of the study show that debtor bankruptcy significantly affects the liquidity and credit payment performance in BRI Batam, with direct consequences in the form of an increase in bad loans and a decrease in interest income. Delays in legal proceedings and asset liquidation also add to the bank's operational burden. Based on these findings, it is recommended that BRI Batam should improve its credit risk monitoring system and adopt a more effective risk management strategy to anticipate and overcome potential bankruptcy. The government is expected to accelerate the legal process related to bankruptcy to minimize the negative impact on the banking sector and the economy as a whole.    

PT Mitra Gadai Kepri is one of the Private Pawnshops in Batam City which is licensed by OJK to provide financing products. However, the business of financing activities carried out often occurs Default, especially with Fiduciary Guarantees. Based on the description in this thesis, the problems to be studied are: 1)How is the Legal Arrangement Related to the Settlement of Default Debtors with Fiduciary Guarantees at PT Mitra Gadai Kepri in Batam City. 2)How is the Implementation Related to the Settlement of Debtor Default with Fiduciary Guarantee at PT Mitra Gadai Kepri Partner in Batam City. 3)What Factors are the Obstacles / Constraints and Solutions Related to the Settlement of Default Debtors with Fiduciary Guarantees at PT Mitra Gadai Kepri in Batam City. The method in this research is Normative Legal research supported by empirical research. Therefore, the Legislation and Conceptual approach will be carried out. Used in data collection in this research with Interviews and Literature Studie. The results of the study concluded that consumers who default with fiduciary guarantees due to low understanding of financial literacy. As well as not knowing the existence of regulations governing the protection of consumers and the public in the Financial Services Sector in resolving defaults with fiduciary guarantees. Suggestions in this study are that the OJK and Financial Services Business Actors must increase Financial Literacy and Inclusion in the wider community and include the government in eradicating illegal financial services. Financial Services Business Actors must analyze the ability to pay prospective customers in order to minimize defaults, especially with fiduciary guarantees and must resolve defaults in accordance with applicable regulations. And an appeal to the public to be wiser and more selective in choosing financial service products and institutions that provide these services.    

According to Law Number 37 of 2004 tates that bankruptcy is general confiscation of assets of bankrupt debtor. Those failure to pay debtors commonly beacause of a strain in company's financial condition. The purpose of imposition of bankruptcy is to protect both bankrupt debtor and creditors. In the development of bankruptcy in Indonesia, the regulation of Insolvency test in imposing companies bankruptcy, especially companies with legal status, has not been regulated in Law No. 37 of 2004. Insolvency is the failure to done a financial responsibility in the due date as is appropriate in a company, or the excess of liabilities over assets within certain time. If the debtor has been declared insolvent, the debtor is completely bankrupt and properties will soon be divided. There also has no provision stating that Insolvency Test is a condition for bankrupting a debto. Regulation absence regarding Insolvency Test certainly cause problems for companies that many Indonesia’s companies experience legal bankruptcy. Therefore, author feels it is necessary to do a research related to Insolvency Test which was once applicable in Indonesian Bankruptcy Law, but no longer used, even though the application of Insolvency Test is very helpful for the judge's view in deciding individual or legal entity in a state of bankruptcy in court, and further clarifies the objectivity in bankruptcy judgment.    

Notaries should be responsible for drafting and issuing credit agreements between banks and debtors in order to provide legal certainty for all parties involved. In an effort to achieve legal certainty, especially in banking credit agreements with standard clauses, Notaries must ensure that their duties are carried out in accordance with applicable principles and provisions. This research aims to analyze unbalanced standard clauses in credit agreements made by Notaries and to examine the liability of Notaries for credit agreements that utilize standard clauses. The approach method used is the doctrinal legal research method, using literature examination or secondary data to examine relevant regulations and literature. The preparation of this research uses an analytical descriptive approach which aims to explain the data or describe the object of the problem being studied. The results of the research show that the responsibility of the Notary for credit agreements that apply standard clauses is that if the agreement made by the Notary has elements of unlawful acts, the Notary has an obligation to be responsible in accordance with civil provisions by providing compensation to parties who lose as a result of the agreement in accordance with the provisions stipulated in Article 84 of Law Number 2 of 2014 concerning Notary Offices.

Debtor default has significant implications for credit risk management in the banking sector. Default, as the failure of a debtor to fulfill its obligations in repaying a loan, not only has the potential to be detrimental to financial institutions, but can also affect the stability of the financial system as a whole. Therefore, research on this phenomenon is very important. This article aims to provide comprehensive insight into understanding debtor default and its impact on credit risk management in the banking sector. A holistic approach to this understanding includes identifying factors that contribute to default, analyzing the characteristics of vulnerable debtors, and evaluating effective risk mitigation strategies. One important aspect discussed is the factors that cause default, including macroeconomic conditions, changes in an individual's financial situation, and behavioral factors. By understanding the root causes of default, banks can identify potential credit risks early and take appropriate steps to manage them. In addition, this article discusses the importance of debtor profile analysis in identifying characteristics that are vulnerable to default. By leveraging advanced technology and data analysis, banks can strengthen their decision-making processes and improve their ability to manage credit risk. Thus, this article not only provides an in-depth review of understanding debtor default, but also provides insight into how banks can improve their credit risk management through targeted and innovative approaches. In conclusion, a better understanding of the debtor default phenomenon will help banks manage credit risk more effectively and strengthen the resilience of the financial system as a whole.

The development of housing credit provided by the North Lampung Matrix Housing Developer sometimes gives rise to bad credit problems, where the realization of the credit provided does not reach the predetermined target. This can affect North Lampung Matrix Housing activities and impact developer accountability. What is the developer's responsibility for credit in accordance with Law Number 1 of 2011 concerning Housing and Settlement Areas in Matrix Housing in North Lampung? The research results show that the developer's responsibility for credit in accordance with Law Number 1 of 2011 concerning Housing and Settlement Areas at Matrix Housing in North Lampung includes the obligation to collect debtors who experience problematic credit who collaborate with the developer. North Lampung Matrix Housing Partners Bank, basically this obligation has not been specifically regulated in the banking law and still uses general rules such as the Banking Law, Civil Code and Law Number 40 of 2007 concerning Limited Liability Companies. The absence of special "lex specialis" regulations is a weakness in responsibility when bad credit occurs. All components of North Lampung Matrix Housing have juridical responsibility for all operational activities. Resolving problem loans at Matrix Housing in North Lampung can be done in two ways, namely litigation efforts through the courts and non-litigation efforts through preventive measures such as anticipating the emergence of bad credit, early warning and negotiation.

The aim of this research is to determine the quality of the implementation of 5C in Credit Guna Bhakti (KGB) and how to overcome problems that arise as a result of implementing the 5C principles at Bank BJB KCP Palima. This research method uses observation, interviews and literature study. The results of the research show that the quality of Guna Bhakti Credit at Bank BJB applies the 5C principles to prospective debtors, namely consisting of economic conditions, capacity, character, capital and collateral. 2023 will be considered smooth. Problems in implementing 5C occur in the principles of Character and Collateral. This character problem can be overcome by the bank being more careful in trusting the debtor, while regarding the Collateral principle, the bank must re-examine the prospective documents provided as collateral.

The purpose of this study is to analyze the legal aspects of the use of third party services (debt collectors) by leasing parties based on Financial Services Authority Regulation No. 35/2018 in efforts to collect two-wheeled vehicles against debtors in default. 35/2018 in efforts to collect two-wheeled vehicles against debtors who make defaults The type of research in this study is normative legal research. The research in question is research that has characteristics including gaps in legal norna / principles, does not use hypotheses, uses theoretical foundations / theoretical studies and uses legal materials consisting of primary legal materials, secondary legal materials and tertiary legal materials. The results of this study indicate that: (1) The position of debt collectors in the leasing company is as a collection officer not an execution officer, execution can only be carried out by a bailiff with a court decision as in Article 32 of the Fiduciary Guarantee Law paragraph (2). The legal relationship between debt collectors (collection service companies) and creditors, namely debt collectors when carrying out their duties, act based on the power of attorney given by the finance company to the debt collector to collect or collect collateral objects from debtors. Likewise, in POJK No.35/2018 article 50 Financing Companies can cooperate with other parties to carry out collection functions to Debtors. (2) The legal consequences of withdrawing motorized vehicles against debt collectors, debt collectors will be held criminally liable and sentenced to criminal sanctions as stipulated in the Criminal Code as criminal law in Indonesia if the implementation is not in accordance with procedures, as well as the creditor in this case leasing can be sued by the debtor and ask to compensate civilly for the act of withdrawing motorized vehicles by debt collectors if the withdrawal has violated existing provisions and violated the agreement agreed upon by the creditor and the debtor. However, if the implementation is in accordance with the procedure, it must be protected in accordance with applicable laws.           

This study aims to determine the form of protection of Law Number 4 of 2023 concerning Development and Strengthening of the Financial Sector (P2SK) against employees at PT Pegadaian as gold appraisers who accept and assess gold collateral submitted by customers as debtors in the pawn credit process but it turns out that the collateral is the result of criminal acts that harm other parties so that the employee is considered a collector, as well as legal efforts that can be made by in terms of returning the collateral if it is decided by the Court to be returned to the victim who is considered the owner of the goods while the status of the collateral is a receivable that is still in process. In conducting research, the author uses data collection techniques and Court decisions, the results of this study state that employees who serve as gold appraisers cannot be drawn as a collector based on the provisions of Article 120 paragraphs 1, 2 and 3 of the P2SK Law. PT Pegadaian in returning losses resulting from court decisions in terms of returning the collateral to the victim, can take legal remedies through civil channels, but in practice sometimes it is not in accordance with what is regulated in the law.      

The function of a banking institution is to provide credit services for the economic continuity of society. Loans given to debtors must be accompanied by collateral. One form of collateral is generally a certificate of land rights and one example is Building Use Rights (HGB). With this, there are many problems between debtors and creditors in handling collateral with the object of building use rights. Therefore, this legal research will discuss what problems arise when debtors provide building use rights guarantees to creditors (banks). This research uses a prescriptive normative research method with a statutory approach, a conceptual approach and a case approach based on the problems that occur. Based on this legal research, the author concludes that when the debtor guarantees the Building Use Rights, problems will arise for the debtor, namely the term of the HGB cannot be extended and the Building Use Rights can not be upgraded to Ownership Rights if the HGB is still encumbered with Mortgage Rights.    

Notary and PPAT in Engagement between Debtor and Creditor. This study aims to determine, and analyze the extent of the authority of Notaries and PPATs in Creditor Agreements between Debtors and Creditors and the position of Cooperation agreements between notaries and PPATs with Banks according to Positive Law. This study uses a normative juridical approach. The juridical approach is used to analyze various principles and theories related to the problems studied. The research results show that notaries and PPATs in the credit agreement system between creditors are carried out to provide legal certainty. The role of the notary and PPAT is also as the authorized party to check the collateral in the form of Mortgage to ascertain whether the collateral is valid in the eyes of the law or not. The position of notary and PPAT cooperation agreements with banks according to the Civil Code and the Principles of Freedom of Contract are binding and valid based on applicable regulations.

Joint assets are property acquired by a married couple, husband and wife can act on their joint assets with the consent of both parties. Marital Property Law has an important position in family life even when the marriage is still ongoing. In an activity regarding money loans at a bank, there is usually a handover of debt guarantees provided by the debtor to the creditor. In this case the debtors use joint assets as collateral for their credit agreement. The purpose of writing this thesis is to determine the legitimacy of using joint assets as collateral and the status of these joint assets by analyzing various sources of applicable law in Indonesia. In this analysis, it was found that joint assets used as collateral for credit cannot be processed in terms of assets back and forth until the obligation debt of debtors is completed.

This research was motivated by several cases resulting from the actions of naughty debtors which caused significant losses for Indonesia. There is a legal vacuum in Law Number 10 of 1998 concerning Banking, making it difficult for law enforcers to determine criminal acts committed by naughty debtors. The problem formulation taken is how banking law in Indonesia is in the perspective of legal objective theory, and what is the juridical review of bad debtors in the banking law. This research uses a normative legal research approach with a theory and legal principles approach. Several things need to be reviewed due to the impact caused by Law Number 10 of 1998 concerning Banking, namely that there is an article that can only ensnare bank employees if there is some form of criminal liability. Apart from that, there is no clause that regulates criminal sanctions for bank employees who collude with debtors. Bank Indonesia can impose administrative sanctions, but this authority is not regulated expressly and unequivocally in the Banking Law. So that Bank Indonesia has the potential to abuse its authority in determining actions.    

A broken promise or default is a situation where a debtor is unable to fulfill his obligations in accordance with the debt and receivable agreement he made, for example not making installments or repayment on time. As in article 13138 of the Civil Code which states "All agreements made in accordance with law apply as law for those who make them. This agreement cannot be withdrawn other than by agreement of both parties, or for reasons determined by law, the agreement must be carried out in good faith. In this paper, the problem is regarding the bank credit payment agreement made between the debtor and the creditor in the contents of the agreement that has been given by agreement between the parties given a period of time by the creditor to the debtor, but the debtor is negligent and does not pay compensation even though it has been billed and a summons has been given. or a warning, so that the debtor files a lawsuit. The theory in this research uses contract law theory which regulates agreements and methods using normative legal research methods which refer to court decisions and statutory regulations. So the title that the researcher will discuss is the analysis of cases of default between debtors and creditors regarding bank credit loan agreements, case study decision number 51/PDT.G.S/2023/PN.BTG

Auctions always end with a lawsuit by the Debtor. The basic of  his lawsuit is always the classic reason that the  Debtor still seeks to pay, that the auctioned object is of low value. This is the trigger for the lawsuit made by the Debtor. The minutes of the auction were not enough for the winner of the auction to stop the Debtor from challenging the verdict. This led to a dispute in court. As the winner of the auction of course it is a matter that is not easy, auction winner needs final legal certainly. The absence of a separate court for the auction lawsuit is a difficult thing for the parties to get a settlement quickly and effectively. Legal protection against the auction winner has been set pasal 6 (UUHT) and Pasal 4 Undang Undang Hak Tanggungan (UUHT) said  “apabilah Debitur cidera janji, Pemenang Hak Tanggungan pertama mempunyai hak untuk menjual obyek Hak tanggungan atas kekuasaan sendiri melalui pelelangan umum serta mengambil pelunasan piutangnya dari hasil penjualan”. From the auction results of the execution of Pasal 6 UUHT, the auction official issued an excerpt of the auction minutes which served as an authentic deed of transfer of right. However, this legal protection still open up opportunities for debtors to sue.

This research aims to determine whether actio pauliana is an appropriate legal remedy in providing legal protection for creditors in bankruptcy cases. It also aims to determine the basis of the judge's considerations in Verdict No. 06/Pdt.Sus.Gugatan Lain-lain-AP/2020/PN.Niaga.Jkt.Pst. Jo. No. 27/Pdt-Sus-PKPU/2015/PN.Niaga.Jkt.Pst. This research is a normative legal research with statutory and case approach. The type of data used is secondary data. The technique used in collecting legal materials in this research is literature study. This research uses syllogism analysis technique and deductive thinking pattern, using major premises and minor premises which then these premises can produce conclusions. Based on this research, it is found that actio pauliana is an appropriate legal remedy in providing legal protection for creditors who are harmed by debtors in bankruptcy cases because there is internal legal protection and external legal protection in accordance with Isnaeni's legal protection theory used as an analysis. The basis of the judge's consideration used as the curator's right to file an actio pauliana lawsuit is Article 47 paragraph (1) and Explanation of Article 3 paragraph (1) of the Bankruptcy Law, then in deciding the case used as the analysis material, the judge uses Article 41 and Article 42 of the Bankruptcy Law.

A peace agreement that has been homologated is binding on all creditors who agree to the peace plan in accordance with Article 286 of Law Number 37 of 2004. The debtor is obliged to prove that the peace agreement has been fulfilled by the creditors as per the peace agreement that has been agreed. This research is aimed at analyzing legal certainty regarding the rights of concurrent creditors after homologation has been carried out, the debtor's responsibility if the debtor does not fulfill his promise according to the peace agreement that has been homologated and analyzing the application of the law by the panel of judges in Decision Number 11/Pdt.Sus-PKPU /2017/PN Niaga Medan regarding the responsibility of debtors to concurrent creditors in the implementation of the homologated PKPU peace agreement. This research is normative legal research that is qualitative in nature. Data comes from primary, secondary and tertiary legal materials collected using library research and document study techniques. Primary data as supporting data for normative analysis was collected using the interview method with judges and curators who were determined purposively. Data analysis was carried out using the qualitative normative data analysis method.Based on the research results, it is concluded that legal certainty regarding the rights of concurrent creditors occurs after the homologation of peace agreements which are binding and obtain permanent legal force. If the debtor is negligent and the settlement is canceled, the debtor will lose independence or the debtor will no longer have any interest in controlling or managing his assets. In this regard, the application of the law by the panel of judges in the homologation Decision Number 11/Pdt.Sus-PKPU/2017/PN Niaga Medan was correct with the consideration that the debtor was declared negligent in fulfilling his obligations and canceled the decision to ratify the peace by declaring the debtor to be in bankruptcy with all legal consequences