Tanggung Jawab Bank Terhadap Hilangnya Surat Agunan Dalam Perjanjian Kredit Pegawai (Studi Putusan Nomor 25/Pdt.G/2023/Pn Dgl Jo Putusan Nomor 21/Pdt/2024/Pt.Pal)

Abstract

This study analyzes the legal aspects related to the bank's responsibility for the loss of collateral in employee credit agreements, with a case study of Verdict Number 25/Pdt.G/2023/PN Dgl Jo Verdict Number 21/PDT/2024/PT PAL. The principle of prudence in banking requires banks as debtors to maintain and guarantee the integrity of collateral documents submitted by customers, or creditors, to banks as collateral for employee loan applications. This study aims to determine the legal provisions regarding the bank's responsibility for the loss of collateral documents in employee loan agreements according to Indonesian law, to categorize acts against bank negligence in storing collateral, and to examine the legal considerations of the panel of judges in Verdict Number 25/Pdt.G/2023/PN Dgl Jo Verdict Number 21/PDT/2024/PT PAL. This study uses normative legal research with a statute approach and a case approach. The characteristics of research of this study is descriptive, which aims to describe and analyze the legal phenomena under study in a systematic and comprehensive manner. The data sources used are secondary legal sources in the form of primary, secondary, and tertiary legal materials, which were collected through literature studies. Data analysis was conducted qualitatively. The results of the study show that the responsibility of banks in storing collateral documents in employee credit agreements is clearly regulated in Law Number 10 of 1998 concerning Banking, Financial Services Authority Regulation Number 1/POJK.07/2013 concerning Consumer Protection in the Financial Services Sector, and other related regulations that emphasize the importance of the principle of prudence in banking. Negligence on the part of the debtor results in legal consequences in the form of unlawful acts, as long as the creditor can prove that the debtor was negligent in storing the creditor's collateral documents. In Case Number 25/Pdt.G/2023/PN Dgl Jo Verdict Number 21/PDT/2024/PT PAL, the panel of judges gave legal consideration that the force majeure argument presented by Bank Rakyat Indonesia Palu - Biromaru Unit was not based on sufficient evidence, so that negligence was considered an unlawful act and the bank was obliged to comply with the verdict decided by the panel of judges.