Akibat Hukum Penundaan Kewajiban Pelunasan Kredit Pemilikan Rumah oleh Debitur yang Terdampak Pandemi Covid-19 (Studi di PT. Bank Tabungan Negara Syariah Banda Aceh)

Abstract

The government states that the Covid-19 pandemic is an emergency, not a natural disaster based on Presidential Decree No. 12 of 2020. The emergency that is not a natural disaster has a very detrimental impact on the debtor where the incident is inevitable and cannot be predicted by the debtor, so that the pandemic is a forced state (Force Majuere). The Covid-19 pandemic has had a major impact on the economy. The government has issued POJK 11/POJK.03/2020 concerning National Economic Stimulus as an effort to save the economy in the form of providing credit relaxation due to the covid-19 pandemic. The research is conducted to find out what factors are behind the legal conseguences for postponing the obligation to pay off mortgage loans by debtors affected by the Covid-19 pandemic, what are the legal conseguences for posiponing the obligation to pay off mortgage loans by debtors affected by the Covid-19 pandemic, and what are debtors' responsibilities for postponing the obligation to pay off mortgage loans by debtors affected by the Covid- 19 pandemic. The thesis uses normative legal research writing method using secondary data consisting of primary, secondary, and tertiary legal materials collected by using literature study method, and the non-legal materials are collected through interviews. Oualitative data analysis method is used to analyze the data and to answer problems related to the legal conseguences for granting credit restructuring due to the Covid-19 pandemic, as a form of legal certainty and legal responsibility for debtors. The research results conclude that the Covid-19 is a factor that influences the suspension of credit payment which resulted in unstable debtor's economic condition. The legal conseguence of the suspension of credit payment or mortgage financing at Bank BTN Sharia Banda Aceh is changing in the agreement between the creditor and the debtor in terms of the implementation of the rights and obligations of the parties in the credit agreement, where the credit or financing agreement is not cancelled or being cancelled. The debtors still have to fulfill their responsibilities as the form of debtor's responsibility where it is theirs to fulfill his achievements to the creditor. In regards to the rejection of the application for credit relaxation or debtor financing for the proposed restructuring policy, as long as the bank has implemented the precautionary principle in conducting the assessment, the debtor cannot make other efforts on the Bank 's decision.