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PENYELESAIAN KREDIT MACET MELALUI LEMBAGA PENUNDAAN KEWAJIBAN PEMBAYARAN UTANG (PKPU) Dini Syakina Siregar; Ramli Siregar; Windha windha
TRANSPARENCY Vol 3, No 1 (2013)
Publisher : Universitas Sumatera Utara

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Abstract

To enter the era of globalization and face the ever-growing national economy moving fast, the banking sector is one of the sectors that should be developed and fully utilized to realize the income distribution. Terms of the law, the presence or absence of bad loans that hit a bank, does not result in a shift or change in the legal relationship between the creditor banks on the one hand and customers who have bad credit debtors on the other. The formulation of the problem that is discussed in this paper is on how the handling of bad loans in the banking environment, and discussed the relationship between the bagimanakah Suspension of Payment (PKPU) with bad credit, and at the end of this thesis is discussed more about how loan resolution through non Suspension of Payment (PKPU). Handling bad debts in the banking environment is done in two ways: first, preventive efforts in handling bad debts by banks and secondly, the bank will undertake repressive measures to rescue the rescheduling loans (rescheduling), the only change in credit terms regarding schedule payment and / or duration. Relationships that exist between PKPU with bad credit is PKPU can be done either to avoid bad credit. This is evident from the characteristic PKPU as stated in Chapter III Section 222-294 UUK. Loan resolution through PKPU can be done by both the debtor and creditor (bank) in order to propose a peace plan that includes an offer to pay part or all of the debt to the creditor with the following steps. Whereas in the case of PKPU petition filed by a creditor, the court must grant the petition immediately PKPU no later than twenty days from the registration of the application. The court must appoint a supervisory judge and appoint one or more administrators. Commercial Court decision on temporary PKPU is valid for a maximum of forty days and after that it should be decided whether the PKPU can continue to be a PKPU regularly in accordance with Article 225 paragraph (3) Labor Law and PKPU; PKPU next stage is fixed, after a specified delay while debt repayment obligations, the Commercial Court through official must call the debtor and the creditor in question to appear in a hearing held not later than forty-five days since the enactment of the decision PKPU while. In the trial will decide whether it can be given PKPU be fixed with a view to allowing debtors, trustees, and creditors to consider and approve peace. The PKPU can be approved if it is still in accordance with Article 229 Paragraph (1) Labor Law and PKPU.   Keywords: Kredit, penyelesaian, Penundaan Kewajiban Pembayaran Utang (PKPU).
Settlement Of Bad Loans Through Debt Payment Obligation Submitting Institutions (PKPU) Dini Syakina Siregar
Journal of Law Science Vol. 3 No. 3 (2021): Law Science
Publisher : Institute Of computer Science (IOCS)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/jls.v3i3.1672

Abstract

In order to enter the era of globalization and face the growth of the national economy, the banking sector is one sector that must be developed and utilized optimally. Especially through the provision of facilities provided by the banking sector for the community. The problem formulated in writing this thesis is how to handle bad loans in the banking environment, then discussed again What is the legal relationship between the Suspension of Debt Payment Obligations (PKPU) and bad loans, then discussed about How to settle bad loans through the Debt Payment Obligation Suspension Agency. (PKPU).The research that will be conducted is normative legal research. Normative research based on primary and secondary legal materials, namely the intarization of regulations relating to the writing of the author's thesis. The data collection technique was carried out by means of library research (library research). From the data that has been collected, both primary data and secondary data, then processed and analyzed using qualitative descriptive analysis techniques. Bad credit (Non Performing Loan / NPL) is where the credit cannot run as agreed in the credit contract agreement. Bad credit or credit failure can occur for many reasons. To avoid the occurrence of bad credit, it is necessary to control. Every loan disbursement of course has complied with banking regulations and is in accordance with sound credit principles. If indeed in the future, the credit develops into bad credit, then PKPU will be an alternative for the debtor and creditor in repaying the credit. As long as PKPU lasts, debtors cannot be forced to pay their debts. All execution actions that have been assessed to obtain debt repayment, must be suspended.