Penerapan Pasal 29 Peraturan Menteri Koperasi Nomor 8 Tahun 2023 dalam Praktik Jaminan Pinjaman pada Koperasi Simpan Pinjam (Studi Perlindungan Hukum Anggota Koperasi)

Husein Husein (Universitas Muhammadiyah Sumatera Barat)
Mairul Mairul (Universitas Muhammadiyah Sumatera Barat)

LANCAH Jurnal Inovasi dan Tren
Vol. 4 No. 2 (2026): NOVEMBER

Minister of Cooperatives Regulation Number 8 of 2023 regulates savings and loan business activities, including the provision of loan collateral under Article 29 to reduce lending risks and provide legal certainty for cooperatives and their members. However, differences remain between the regulatory provisions and their implementation in practice. This study aims to analyze the implementation of Article 29 in loan collateral practices at Savings and Loan Cooperatives and examine the legal protection provided to cooperative members. This study employs normative legal research using a statutory and conceptual approach. Primary, secondary, and tertiary legal materials were analyzed qualitatively through literature study, supported by information obtained from Savings and Loan Cooperatives. The results show that Article 29 is implemented through Mandatory Loan Savings (SWP), the use of vehicle ownership documents (BPKB) and land certificates as collateral according to the loan value, verification of collateral validity, and safekeeping of collateral documents throughout the loan period. Legal protection is provided through the regulation of the parties’ rights and obligations, secure storage and return of collateral after repayment, and execution in accordance with applicable law. However, fiduciary security practices still need to comply with Law Number 42 of 1999, particularly regarding the establishment and registration of fiduciary security. Therefore, the implementation of Article 29 needs to be optimized to strengthen legal protection for cooperative members.