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Alfata Fawwazi Muhammad; I Made Sarjana

Mandub: Jurnal Politik, Sosial, Hukum dan Humaniora 2023 STAI YPIQ BAUBAU, SULAWESI TENGGARA

The purpose of this study is to find out how the responsibility of a Debt Collector who is confiscating a bad credit vehicle is due to default from the debtor. The Debt Collector who carries out his duties cannot just arbitrarily withdraw the existing vehicle because it must comply with the applicable laws and regulations. Both creditors and debtors have fair legal protection. The debtor who makes a credit must also have the competence so that the credit is paid smoothly. If an act of default occurs, it can be prosecuted through civil law or if there is embezzlement of the motor vehicle used by the debtor, it can be prosecuted through criminal means. This article uses a normative research method whose approach is based on an approach to the legislation in force in Indonesia. Where in this normative research provides a view of how the Debt Collector should work according to the current law. Between the creditor and the debtor, there must be synchronization in carrying out their obligations so that there are no problems that lead to the withdrawal of the vehicle being used by the debtor. The fiduciary law that becomes the guarantor must be better understood by debtors who will make vehicle loans to better avoid the occurrence of the default act itself. Looking at the existing conditions, it is possible that many people who enter into credit agreements do not understand the importance of a law or law that applies in Indonesia. It is possible that if many people understand the law, the Leasing party no longer needs to use the services of a Debt Collector.

Muhammad Tahta A.R; Weny A Dungga; Sri Nanang Meiske Kamba

Deposisi: Jurnal Publikasi Ilmu Hukum 2023 International Forum of Researchers and Lecturers

settlement of bad debts made by debtors, is a violation of the program credit distribution program against sulut-go bank which has generated a lot of speculation about the rules of civil law. The problem is the enforcement of the law against the debtor allegedly with the issue of the article on the crime of corruption article 2 paragraph 1. The purpose of this research is to find out thoroughly about the enforcement of bad credit in the review of civil law. bad credit in the review of civil law and judge's decision, the problem of bad credit, and default. and default. Bank Sulut-Go which is in limboto branch against debtors who have bad credit.  and discussion of the research that there is an imprudence that is done by the bank regarding the credit process by pledging something that does not belong to the debtor, but is processed.belonging to the debtor, but processed. Furthermore, that this contract occurs contract with a repayment duration that is not yet due but has already entered the court. The conclusion drawn by the researcher is that when a case that still has a contract it includes default and is a problem of bonding between people because it arises due to the cideranya promise, whose resolution path must be the civil realm. Default in bad credit can be recognized when there is an error, negligence, and willfulness.

Andriyanto Adhi Nugroho; Guna Gerhat Sinaga; Muhammad Fikri; Azareel Sulistiyanto Jusuf; Natasya Fhadyah Azzahra +1 more

Deposisi: Jurnal Publikasi Ilmu Hukum 2023 International Forum of Researchers and Lecturers

In the law embodied in Law Number 37 of 2004 concerning Bankruptcy and Suspension of Debt Payment Obligations, there isn't a requirement stipulating that a debtor must be declared unable (insolvent) to pay their debts through an insolvency test as a condition to determine their bankruptcy status or not. Instead, the debtor's bankruptcy status is established by proving that the debtor has a minimum of 2 (two) creditors, has failed to pay at least 1 (one) due and collectible debt. The absence of insolvency testing as a bankruptcy criterion in Indonesia could lead to companies that are actually capable of fulfilling their obligations being considered bankrupt because they meet the bankruptcy requirements in Law Number 37 of 2004 concerning Bankruptcy and Suspension of Debt Payment Obligations regulates the requirements for bankruptcy. This has the potential for significant impact, even reducing the confidence of foreign investors to invest in Indonesia. This research employs a normative legal approach. The data source utilized in this study comprises secondary data obtained through the analysis of existing literature or documents. The results of insolvency testing, determining whether a company is categorized as insolvent or not, provide an opportunity for solvent debtors to prove that they have sufficient assets to settle debts to multiple creditors. This gives debtors the chance to rebuild their businesses. Therefore, the implementation of insolvency test in a company plays a role in saving solvent debtors from bankruptcy petitions filed by creditors.

Ayu Wandira; Agustina Mutia; Muhamad Subhan

Jurnal Ekonomi dan Keuangan Islam 2023 Asosiasi Riset Ekonomi dan Akuntansi Indonesia

Banking is one way to solve problems related to business finance. Banking is a place to provide financing to develop a business that is being worked on. According to the theory, Account Officers have an important impact on determining customers. The formulation of the problem in this study is How is the analysis of the role of the Account Officer in overcoming problematic financing at the BSI KCP Gatot Subroto bank? and How is the performance analysis of the Account Officer in overcoming problematic financing at the BSI KCP Gatot Subroto bank? This study uses a qualitative research method with a type of field study research. Data was collected through interviews, documentation and observation. The results of this study mention the role of the account officer in analyzing and processing financing applications at the BSI KCP Ponorogo bank including managing accounts, managing products, managing financing and managing sales by approaching debtors and the need for review at any time. The performance of the BSI KCP Gatot Subroto bank account officer in preventing problematic financing at the BSI KCP Gatot Subroto bank includes the financing application stage where the account officer gives time to prospective debtors to complete the requirements as a standard selection in financing, the financing proposal stage with reference to the selection of information obtained from existing social, the stage of providing financing facilities which shows that the account officer offers existing facilities based on the features of the selected prospective debtor, the financing stage which reviews the financing facilities by reviewing the financing facilities obtained by the prospective debtor or debtor. The efforts to resolve problematic financing at BSI KCP Gatot Subroto bank are financing restructuring which includes rescheduling.

Jesy Likubanne Mallisa’; Mince Batara; Rati Pundissing

Journal Economic Excellence Ibnu Sina 2023 STIKes Ibnu Sina Ajibarang

The population and at the same time being the sample in this study are the debtors of Bank BRI Unit Bolu. Then the sampling to obtain information about the objects of this research is by means of homogeneous sampling in which the elements of the population studied have properties that are relatively uniform to one another. The samples taken in this study were 50 debtors. This study uses a quantitative descriptive approach in the form of questionnaires to debtors about credit granting procedures. Data collection techniques used were interviews, observations, and questionnaires. Data analysis techniques used are data percentage, data reduction, and data descriptive. The results showed that from the 5C assessment at Bank BRI Unit Bolu, it could be concluded that the distribution of People's Business Credit (KUR) was fully in accordance with the standards set by Bank BRI Unit Bolu, which can be seen from the results of the questionnaire obtained from 50 customers who were at a percentage value of 70% - 100%.  

Giga Azayaka Tatanka Putra; Ahmad Idris

Intellektika : Jurnal Ilmiah Mahasiswa 2023 STIKes Ibnu Sina Ajibarang

Bank Indonesia issued regulations regarding the assessment of the health level of commercial banks based on PBI No.13/1/PBI/2011 using the RGEC method, which includes the following components: Risk profile, Good Corporate Governance (GCG), Earnings, and Capital. This study aims to determine the condition of commercial banks as either very healthy, healthy, or sufficiently healthy, and to compare the health levels between Government-Owned Commercial Banks and National Private Commercial Banks. The research results indicate that the overall score for NPL, LDR, GCG, ROA, ROE, NIM, BOPO, and CAR ratios from 2017 to 2021 for National Private Commercial Banks is more stable compared to Government-Owned Commercial Banks, which means that the performance of National Private Commercial Banks is better overall. Although Government-Owned Commercial Banks performed better in terms of total score in 2017 and 2018, they experienced a decline in subsequent years. The assessment shows that National Private Commercial Banks perform better or health in terms of profitability and net income. Both types of commercial banks perform equally well in reducing non-performing loans, providing funds to their debtors, and maintaining capital adequacy.

Abd. Djalil Ghaffar

Doktrin: Jurnal Dunia Ilmu Hukum dan Politik 2023 International Forum of Researchers and Lecturers

One of the reasons for the cancellation of the agreement is the occurrence of a mixture of debts. Debt mixing is a mix of positions (quality) of the parties entering into an agreement so that the quality as a creditor becomes one with the quality of the debtor so that the agreement between the two parties is null and void. Mixing of debts is regulated in Article 1436 of the Civil Code to Article 1437 of the Civil Code. Debt mixing can occur because the positions of creditors and debtors become one. For example, a creditor marries a debtor, which results in a mix of debts and the agreement that previously existed is erased. Problems can arise when it relates to debts owned by creditors and debtors who eventually marry. If the creditor does not want the debt owned by the debtor to be erased even though they are both married. Even though there are clear rules emphasized that debts can be written off by law, one of which is if there is a mix-up of debts.

Farid Hardianysah

JURNAL HUKUM, POLITIK DAN ILMU SOSIAL 2023 Pusat Riset dan Inovasi Nasional

Developments in guarantee law always evolve over time. The law of guarantees is very closely related to the implementation of credit, lending and borrowing or as repayment of debts between creditors and debtors. In its legal aspect, control over objects that serve as collateral for a debt gives birth to material rights that provide privileges to creditors in the event that the debtor is unable to pay obligations while at the same time providing legal protection to creditors in carrying out their debts. Law Number 42 of 1992 concerning Fiduciary Guarantees provides a legal basis regarding the implementation of guarantees as guarantees for repayment of debts from debtors. The enactment of the law regarding fiduciary guarantees is expected to provide proportionality between debtors and creditors. In its development, the implementation of execution in the context of fiduciary guarantee law through the Constitutional Court Decision Number 2/PUU-XIX/2021 which is a form of explanation as well as confirmation of the Constitutional Court Decision 18/PUU-XVII/2019 regarding the application of execution of fiduciary guarantees has had legal implications in society . Based on the Constitutional Court's decision which created a new norm in the context of executing fiduciary guarantees, it directly changes the procedures and conditions that must be met for the execution of parate execution by creditors in the event that the debtor acknowledges default and voluntarily surrenders the object of fiduciary collateral so that it is expected can realize the principles of legal certainty, justice and benefit within the framework of the principle of proportionality between debtors and creditors in the practice of Fiduciary Guarantees.

Ronauli Fransiska Pasaribu; Farina Jessen Yap

Jurnal Manajemen dan Ekonomi Bisnis 2022 Pusat Riset dan Inovasi Nasional

A finance company is a company that provides loans to prospective borrowers with certain guarantees such as PT. Internusa Tribuana Citra Multi Finance Medan Branch. In this business, company funds are often embedded because of debtors who are in arrears. Therefore, the company has a field officer who functions to collect debtor's house and make a withdrawal of the financing unit that has exceeded the reasonable limit of the time of payment. The implementation of billing activities carried out is definitely related to the work safety of each field officer. Work safety issues such as beatings experienced by field officers have an impact on the implementation of billing. This resulted in the billing process becoming less than optimal because the officers were worried about their safety. In addition, the work environment also impacts on employee performance, such as lack of work space that makes employees not free to work, relationships that are not good affect the communication process in decision making and document filing that is not neat will affect the document search process. The purpose of this study was to determine the effect of work safety and work environment on the performance of employees. The analytical method used is quantitative descriptive analysis method. The population in this study were 51 people who were employees of PT. ITC Multi Finance Medan Branch and also as a respondent. The method of data collection is done by interviewing, distributing questionnaires, documentation and literature. Variables taken with a Likert scale. The data analysis model used to answer the hypothesis is multiple linear regression analysis.The results showed that simultaneously the work safety and work environment did not significantly influence the performance of PT. Medan Branch Internusa Tribuana Citra Multi Finance, and partially has no effect on performance.

Riza Yoga Pramana; Liliana Tedjosaputro

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2022 Pusat Riset dan Inovasi Nasional

The purpose of the study is to determine and analyze the criminal law protection of embezzlement of assets (Boedel Bankruptcy) of debtors that result in losses to creditors, and obstacles to criminal law enforcement for embezzlement of debtors' assets that result in the formulation of the problem What is the position of criminal law Embezzlement of debtors on their assets that causes creditor losses and how to overcome them. The method used in this study uses the Normative juridical approach method, the data sources are secondary data and primary legal materials.  Research Results (1).  Legal protection of the criminal act of embezzlement of the debtor that causes losses to the debtor, after being declared bankrupt by a judge is a criminal act of embezzlement regulated by Article 372 of the Criminal Code and Article 400 paragraph (1) of the Criminal Code, because the fulfillment of the criminal elements is fulfilled. (2). Obstacles faced, Uncooperation of the insolvent debtor in carrying out legal proceedings due to the lack of level of legal awareness possessed by the insolvent debtor. To overcome this, the bankrupt debtor should comply with the contents of the decision of the Supreme Court case Number 2K / Pdt.Sus-Pailit / 2019 willing to submit the legality of access to the curator team that will resolve, and as a good Indonesian citizen must obey, submit, and obey the laws and laws in force in Indonesia.

Fandil, Fandil,; Andraini, Fitika

DINAMIKA HUKUM 2021 Universitas Stikubank

The provision of credit / loans by credit-giving institutions, both banks and other financial institutions, is intended as an effort to make a profit, so the lending institution views credit / loans as a reliable source of income or profit. In connection with the issue of credit / loan provision, credit institutions such as PT. BPR Arto Moro Semarang as the party that lends money (creditors) needs to get a guarantee as a condition for the loan that the debtor will receive on condition that he gives interest when repaying the loan. In practice, the obstacles that PT. BPR Arto Moro Semarang, especially for debtors with guarantees by using the Deed of Providing Mortgage Rights (APHT) which is registered with the National Land Agency (BPN), if the credit is jammed and failed to promise, the bank will take the final step in accordance with applicable law, namely implementing execution of mortgage rights through the Office of State Wealth and Auction Services (KPKNL) or through the District Court (PN). The type of research used in this research is normative juridical. Juridical research, is used, among other things, to analyze various legal theories and laws and regulations related to the juridical review of the accounts payable agreement as a principal agreement with guarantees of insurance rights at PT. BPR Arto Moro Semarang. Juridical means that this research emphasizes the science of law. Meanwhile, normative is this research that examines the rules that apply in society. Thus normative juridical is an approach to the study of legal problems from the aspect of applicable legal regulations. The results of this study are: the settlement of bad credit tied to mortgage rights at PT. BPR Arto Moro Semarang after performing credit rescue through 3R (rechedulling, restructuring and reconditioning). Before the execution of mortgage rights is carried out, non-litigation measures by way of selling collateral based on mutual agreement based on paragraph (2) article 20 of the Mortgage Rights Law. During 2018 to 2020 Mortgage Execution can contribute to the settlement of non-performing loans as much as 45% or Rp. 15,731,212,000, - from an amount of Rp. 34,964,970,686, -. Meanwhile, the occurrence of bad credit is due to internal factors: a. Loans not fully channeled for business, b. Business management skills are still lacking, c. Very tight business competition. External factors are due to unstable economic conditions, which consequently have an impact on the ability of customers to pay off their debts.   Keywords : Bad credit, collateral, execution, and mortgage.

Agustianti, Ria

DINAMIKA HUKUM 2020 Universitas Stikubank

Technology assistance is very helpful for community activities including financial institutions, such as the application of Fintech (Financial Technology). Fintech utilizes technology to improve banking and financial services performed by companies by utilizing software technology. Along with the development, Fintech began to have a negative impact, especially from the money loan service or Fintech Peer to Peer Lending (P2PL). the problem is how is the protection for debtors / customers, such as attempts to intimidate customers who have difficulty paying. The method used in this research is normative juridical, namely research based on secondary data, which is then analyzed qualitatively and presented in a qualitative form.Based on the research results, it can be concluded that protection for debtors or customers who feel disadvantaged can take 5 (five) ways, which are regulated in the Consumer Protection Law, OJK Regulation, ITE Law, BI and Government Regulations. Safeguards in the Consumer Protection Law are accommodated in Article 4. OJK's efforts, in collaboration with Kominfo and AFPI, are that if there is intimidation that is detrimental to the debtor, the debtor can submit a complaint report through the website page provided by the OJK and AFPI. Debtors can also report to the authorities. The ITE Law can be seen in Article 26 of the ITE Law. Efforts made by Bank Indonesia, namely BI to form the Bank Indonesia Fintech Office (BI-FTO) and recommend to follow the existing regulations in PBI No. 16/8 / PBI / 2014 and PBI No 18/17 / PBI / 2016 concerning Electronic Money (PBI E-Money).           Keywords: Financial Technology, Legal Protection, Debtor Efforts

-, WIDIASTUTI

Wacana Hukum 2012 Faculty of Law, Universitas Slamet Riyadi

Abstract: A non well-managed cooperation has disadvantaged the creditor. It is caused by the difficulties to draw the fund from the debtors. But when the creditors ask to the court with the bad achievement reasons, the court refuse to conduct because the committee is not the party in the agreement. Therefore, it is necessary to construct fiduciary duty so that the committee who do not work properly can be put personal responsibility for this agreement. Key words: personal responsibility, fiduciary duty