Perjanjian Kredit Dengan Jaminan Hak Tanggungan Dan Upaya Penyelesaian Kredit Macet Atas Jaminan Hak Tanggungan (Studi Pada PT.Bank Negara Indonesia Tbk Cabang Kabanjahe)
| Main Author: | Ananda, Muhammad Arwan |
|---|---|
| Other Authors: | Yamin, Muhammad, Kamello, Tan, Gani, Syafnil |
| Format: | Masters |
| Bahasa: | ind |
| Subjects: | |
| Online Access: |
http://repository.usu.ac.id/handle/123456789/30833 |
Daftar Isi:
- Credit extension by a bank has the risk to inflict non-performing loan that can inflict Loss and have effect in the society because the fund for the credit is originally from the Savings of the society members, therefore the bank must apply the principle of caution in Providing credit extension. Yet,non-performing loan can happen to any bank. One of the Forms of bank’s cautions in providing credit extension is the making of agreement relating to a material guarantee in the forms of land building bound by Hak tanggungan. Thus, the purpose of this study was to find out the problem occured in the application of The principle of caution in a credit agreement at PT. Bank Negara Indonesia,Kabanjahe Branch, to examine the factor causing the debtor does not keep his/her promise as stated In the credit agreement, to find out what attempts have been done by PT. Bank Negara Indonesia, Kabanjahe Branch to settle the problem of non-performing loan guaranted With Hak Tanggungan. This descriptive study with empirical approach was done to anlyze the application Of the principle of caution in providing credit extension at PT. Bank Negara Indonesia, Kabanjahe Branch. The data for this study were obtained through interviewing the resource Notary and one Land Certificate Issuing Official (PPAT) of Deli Serdang district. The result of study showed that the application of the principle of caution in providing credit extension at PT. Bank Negara Indonesia, Kabanjahe Branch was to apply the tight and careful procedure of credit extension in analyzing the prospects of the Business of prospective debtor, and the availability of material guarantee that can be used to pay the debtor’s debt when the non-performing loan occurs. Credit agreement is Made in writing before a Notary and the making of official guarantee statement on loan And buiding through the APHT and then it is registered to the Land Office as the principle of publication that the bank has a right of preference to the guaranteed object. The factors causing the debtor did not keep his/her promise as stated in the agreement at PT. Bank Negara Indonesia, Kabanjahe Branch were the internal and external factors of The bank itself. It means that the non-performing loan occurred because the bank failed To analyze the credit given to the prospective debtor and the credit managed by debtor Did not meet the target because of the inability of the debtor to managed his/her business Well, the economic condition, or the government policy itself. In addition, the debtor may Have intention not to pay his/her credit.The attempts done by PT. Bank Negara Indonesia Kabanjahe Branch in settling the non-performing loan guaranteed with Hak Tanggungan Was to save the credit by warning the debtor and to advise the debtor to sell the guaranteed material to pay for his/her debt. If this attempt fails, the bank will execute the Hak Tanggungan based on its authority as the creditor holding the Hak Tanggungan. In providing credit extension, PT. Bank Negara Indonesia, Kabanjahe Branch is Suggested to apply the principle of caution or healty credit extention and to analyze the Ability of debtor to pay for his/her debt based on the principles of Five’s C namely Character, capacity, capital, condition of economy and collateral, not merely relies on his/her guaranteed materials. Then the debtor receiving the credit should use the fund in accordancee with the planning stated in the credit proposal proposed.
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