Analisis Penggunaan Surat Keputusan Pengangkatan Anggota Dewan Perwakilan Rakyat Daerah (DPRD) Kabupaten Langkat Sebagai Jaminan Kredit Pada PT Bank Sumatera Utara Cabang Stabat

Abstract

The primary function of banking in Indonesia is to collect and distribute funds to the public, one of which is through the provision of credit, which generally requires collateral. Typically, collateral has economic value and can be transferred as a precaution in case the debtor defaults. However, this study examines the use of an Appointment Decree (Surat Keputusan or SK) of a Member of the Regional House of Representatives (DPRD) of Langkat Regency as credit collateral at PT Bank Sumut, Stabat Branch. This document cannot be traded or transferred. The research problems addressed in this study include the legal regulations regarding the use of the DPRD Appointment Decree as collateral, the legal consequences for the bank, and efforts to safeguard and resolve non-performing loans involving the use of such decrees as collateral at PT Bank Sumut, Stabat Branch. The research method employed in this study is normative juridical research, supported by field research. It utilizes primary, secondary, and tertiary data through the statute approach, case approach, and conceptual approach. Data collection techniques include document studies and interview guidelines. The data analysis method is qualitative, and conclusions are drawn using a deductive reasoning approach. The findings indicate that the use of a DPRD Appointment Decree as loan collateral is based on a legally valid agreement between the parties, in accordance with Article 1338 in conjunction with Article 1320 of the Indonesian Civil Code (KUHPerdata), particularly within the Multi-Purpose Credit Agreement. In practice, banks accept such collateral despite its lack of inherent economic value because the collateral essentially reflects a right to a fixed income while the DPRD member is in office, and the bank is authorized to directly deduct the debtor’s salary. In cases of loan default, the agreement also includes insurance protection to safeguard both the debtor’s and the creditor’s interests