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The Legality of Collateral Auction by Rural Banks Without Credit Restructuring: A Case Study of Decision No. 260/Pdt.G/2019/PN Dps Sinaga, Bachtiar Hasan; Purba , Hasim; Lisa Andriati, Syarifah; Gunaika, Raka
ASAS Vol. 17 No. 01 (2025): Asas, Vol. 17, No. 01 Juni 2025
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/

Abstract

Auctions of collateral by Rural Credit Banks (BPR) without going through a credit restructuring process raise legal issues related to debtor protection and the fulfillment of the principle of fairness in banking practices. This study aims to analyze the legality of auctions of collateral by BPR without prior credit restructuring, focusing on Decision Number 260/Pdt.G/2019/PN Dps. The research method used is a normative legal research method, applying the Theory of Statement, Legal Certainty, and Justice to discuss legal issues concerning the validity of collateral auctions without restructuring. This study relies on previously available information (secondary sources). Data collection was conducted through document review and relevant literature, while data analysis techniques were performed using qualitative data analysis. The results of this study include: Credit restructuring is not required in cases of non-performing loans, in accordance with Bank Indonesia Regulation No. 14/15/PBI/2012. This means that banks can auction collateral immediately without restructuring if there is no agreement between the bank and the debtor. Regarding collateral auctioned without prior restructuring, debtors may pursue legal remedies, both non-litigious and litigious. In accordance with Article 21(1) of the Indonesian Financial Services Authority Regulation No. 33/Pojk.03/2018 regarding the Quality of Productive Assets and the Formation of Provisions for the Write-off of Productive Assets of Rural Banks (BPR), the auction conducted by PT. BPR without credit restructuring is valid.
Insurance Company's Responsibility for Bank Loan Installment Payments in the Event of Debtor's Death (Study of Court Decision Number 613/Pdt.G/2023/PN Smg) Sitorus, Dinda Rizka Molina; Purba , Hasim; Harianto, Dedi
Acta Law Journal Vol. 4 No. 1 (2025): December 2025
Publisher : Talenta Publisher, Universitas Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32734/alj.v4i1.23307

Abstract

Credit agreements between banks and debtors are generally supplemented with credit life insurance to minimize the risk of default due to the death of the debtor. In practice, if the debtor dies, the insurance company is obliged to pay the remaining credit to the bank in accordance with the provisions in the policy. However, in Court Decision Number 613/Pdt.G/2023/PN.Smg, a legal problem was found where the insurance company and the bank did not fulfill their obligations to pay life insurance claims to the debtor's heirs. The issues in this study include how the insurance company's responsibility is regulated in relation to the debtor's life insurance claim and how the judge's considerations and decisions relate to the rejection of claim payments. The research method used in this study is normative, descriptive legal research with a legislative approach and a case study of court decisions, using secondary data with primary and secondary legal materials. The data collection method was conducted through literature study and deductive conclusions were drawn. The results of the study show that the regulation of the insurance company's responsibility in paying debtor life insurance claims as collateral for bank loan repayment is based on Article 246 of the Commercial Code concerning risk transfer agreements with premium payments, as well as Articles 1320 and 1338 of the Civil Code concerning the valid terms of an agreement and the obligation to implement it in good faith. Based on Court Decision Number 613/Pdt.G/2023/PN.Smg, unilateral termination of insurance cooperation without notification to the debtor violates Article 1338 Paragraphs (1) and (3) of the Civil Code. The judge ruled that the rejection of claims was contrary to the legal basis, so that the insurance company was still obliged to pay off the debtor's remaining credit to the bank. Thus, this decision reinforces the principle of pacta sunt servanda (agreements must be fulfilled) and provides legal certainty for debtors and heirs in legal relationships related to credit life insurance.