Penyelamatan dan Penyelesaian Kredit Macet di Bank Disebabkan Debitur dalam Keadaan Memaksa (Overmacht) (Studi Putusan Nomor 457/Pdt.G/2021/PN Mdn)

Abstract

The existence of banks is an inseparable part of economic activities such as production, consumption, trade, savings, investment and other activities. Banks also collect funds from the public in the form of savings and distribute them to the public in the form of credit. However, the credit provided by banks to the public does not always proceed according to the agreement due to various conditions, one of which is overmacht. The aim of writing this thesis is to find out the provisions for the implementation of rescue and settlement of bad credit at banks due to debtors being in a state of overmacht, the implementation of rescue and settlement of bad credit at banks due to debtors being in a overmacht situation in Decision Number 457/Pdt.G/2021 /Pn.Mdn and analysis of the judge's considerations and decisions regarding rescuing and resolving bad loans at banks due to debtors being in a overmacht situation. Decision Study Number 457/Pdt.G/2021/Pn.Mdn. The method used in this research is normative juridical with descriptive research characteristics and uses a statutory approach and a case approach. The legal materials used are primary, secondary and tertiary. The data collection technique used is literature study and the data collection tool uses document study. The data analysis used is qualitative and conclusions are drawn deductively. The rescue of bad debts caused by overmacht can be done by credit restructuring or better known as 3R as stated in OJK Regulation No. 32/Pojk.03/2018. Meanwhile, the settlement of bad debts is carried out by auctioning collateral in accordance with Article 12 of the Banking Law. The case of bad debts caused by overmacht in decision Number 457/Pdt.G/2021/Pn.Mdn has been rescued by the bank by providing a letter of extension of the credit term. However, because the debtor still does not fulfill his obligations, the credit settlement is carried out by seizing the execution of the debtor's collateral. The judge's considerations in the case show that the rescue and settlement steps taken by the creditor are in accordance with the principle of prudence and applicable regulations and the judge firmly protects the creditor's rights to demand repayment through a legitimate legal mechanism.