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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.