Proses Penyelesaian Perkara Perbuatan Melawan Hukum Terhadap Kesalahan Kreditur (Bank) dalam Perjanjian Kredit (Studi Kasus di Pengadilan Negeri Surakarta)

Andriyani, Nita Ari and , Nuswardhani, S.H, S.U (2020) Proses Penyelesaian Perkara Perbuatan Melawan Hukum Terhadap Kesalahan Kreditur (Bank) dalam Perjanjian Kredit (Studi Kasus di Pengadilan Negeri Surakarta). Skripsi thesis, Universitas Muhammadiyah Surakarta.

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Abstract

Banks are financial institutions that have the function as financial intermediaries to channel funds from parties who have excess funds (surplus) To those who experience a lack of funds (lack of found). The function of the Bank as manifested in the form of credit activities and various services provided, The bank provides services to financing needs and expedites payment system mechanisms for all sectors.In the Case of Legal Unlawful Against Creditor (Bank) Errors In the Credit Agreement, this study aims to determine the implementation of credit provision by Bank BRI, to find out the judge in determining evidence of cases of illegal acts committed by Bank BRI, to find out the judge in determining verdicts on proven cases concerning unlawful acts carried out by BRI Bank. This research uses the normative approach method because this research will be examined are legal principles, legal principles regarding the process of resolving cases of illegal actions against the crisis of sleep in credit agreements and This type of research is descriptive, which is to illustrate clearly the process of resolving cases of illegal actions against creditors' mistakes in credit agreements. The results of the study were obtained, namely that the provision of credit by BRI firstly fulfilled the terms and conditions, namely: a) Administrative Requirements, such as identification, filling out credit application forms and completing collateral letters; b) after the administrative requirements have been met, AO initiates a credit initiative for the debtor / prospective debtor; c) the branch leader considers whether the prospective debtor is eligible for a loan with the benchmark RPC (Repayment Capacity). The debtor in the credit agreement made with Bank BRI does not pay (default), because during the credit agreement it turns out that the Defendant did not explain to the Plaintiff about the credit categories stipulated in Bank Indonesia Regulation Number: 7/2 / PBI / 2005 concerning Assessment of Bank Asset Quality General and Director General of Tax Circular No. SE09 / PJ.42 / 1999. Until the lawsuit was filed in the Surakarta District Court. Because the Defendant stated that the Insurance Policy had been explained in Article 13 of the Notarial Deed of the People's Ownership Credit Agreement for Bank Rakyat Indonesia (KPR-BRI) Number 60 dated December 30, 2016. The judge in determining the case decision against the law saw the Plaintiff in a quo lawsuit could not prove the argument -Lalil in petitum. Judges' verdict on cases of acts against the law in a credit agreement are; Refused the Plaintiff's claim in full and Punished the Plaintiff to pay the court fee, which to date amounted to 1,366,000.00 (one million three hundred sixty-six thousand rupiah).

Item Type: Karya ilmiah (Skripsi)
Uncontrolled Keywords: credit agreement, acts against the law, settlement of district court cases.
Subjects: K Law > K Law (General)
Divisions: Fakultas Hukum > Hukum
Depositing User: NITA ARI ANDRIYANI
Date Deposited: 12 Feb 2020 04:29
Last Modified: 12 Feb 2020 04:29
URI: http://eprints.ums.ac.id/id/eprint/80720

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