Keabsahan Lelang Objek Jaminan Debitur Bank BPR Secara Langsung Tanpa Melalui Restrukturisasi Kredit (Analisis Putusan No. 260/Pdt.G/2019/PN Dps)

Abstract

Several things that need to be analysed regarding the acquittal decision of the Denpasar District Court No. 260/Pdt.g/2019/PN Dps include whether the debtor's collateral object by the bank can be auctioned without restructuring first. What are the legal remedies for debtors for collateral objects that are auctioned without going through restructuring first? And what is the validity of the auction of collateral objects for Bank BPR debtors directly without going through credit restructuring (Decision No. 260/Pdt.g/2019/PN Dps). This research uses normative legal research methods by referring to legal issues related to the validity of the auction of collateral objects without restructuring, with Statement Theory, Justice Theory, and Legal Certainty Theory. Research data uses secondary data. Data collection using library research and document study, data analysis using qualitative data analysis. The results of the research are Bank Indonesia Regulation No. 14/15/PBI/2012 states that credit restructuring is not mandatory in cases of problematic credit, so that banks can immediately carry out auctions for collateral objects without restructuring if there is no agreement between the bank and the debtor. Legal remedies for debtors for collateral objects that are auctioned without restructuring include nonlitigation legal and litigation legal remedies. Implementation of the auction by Bank BPR without going through credit restructuring is legal, because it refers to Article 21 paragraph (1) of the Republic of Indonesia Financial Services Authority Regulation Number 33 /Pojk.03/2018 concerning the Quality of Productive Assets and the Establishment of Allowance for Losses of Productive Assets of Rural Banks.