Analisis Yuridis Penyelesaian Kredit Bermasalah Melalui Negosiasi Antara Nasabah Dengan PT. Bank Rakyat Indonesia Unit Porsea

Abstract

Banks as financial institutions, one of whose functions is to facilitate credit distribution. Not all credits distributed by banks can be paid off by debitors according to the agreement. The emergence of non performing loans can be caused by internal or external factors. Therefore, to resolve non performing loans disputes in a non-litigation manner in order to achieve a fair solution that does not cost more money and time. Based on this background, the following problem formulation is prepared, how are the regulations regarding negotiation as a means of resolving problematic credit, how to resolve problematic credit through negotiation at PT. BRI Unit and what are the legal consequences for the parties after negotiation as a credit settlement at PT. BRI Unit Porsea. The research method is a normative juridical with data collection techniques through library research, but in the study, field research was also conducted, interviews with the head of BRI Unit Porsea. The data used are primary, secondary, and tertiary data, while the analysis method used is qualitative analysis. The solutions of non performing loans at Bank BRI is carried out through a negotiation process in accordance with the BRINOSE S.14-DIR/ADK/05/2007, which refers to Undang Undang No. 30 Tahun 1999 about Arbitration and Alternative Dispute Resolution. The negotiation process involves three stages, pre negotiation, implementation, and post-negotiation. Customers who act in good faith can submit a negotiation request, while those who are uncooperative will be subject to actions such as warning letters to direct communication. The results of the negotiation can be in the form of payment relief, partial repayment, or sale of collateral underhand. If the negotiation fails, the bank will take the litigation route, including summons, parate execution, or civil lawsuits.