Beberapa Masalah Sekitar Tanggung Jawab Nasabah yang Ingkar Janji dalam Perjanjian Kredit Perbankan di Medan

Abstract

The crediting policy is aimed to evenly spread the yield of the development program among small and middle class businessmen and to give them opportunities to expand their business. The credit facilities involves various aspects and legal consequences regarding money mentioned in the credit agreement between two parties. Credit is fund provision, claim or anything of that nature made available between a bank (creditor) and another party (debtor). The debtor is to repay the creditor the amount of money with interest within a certain period of time agreed by both parties. So the debtor has an obligation to repay the money, after the creditor agrees upon the amount lent to the debtor. In repaying the money to the creditor, the debtor often gives the creditor various problems. Among them are: 1. The process of repaying the money is not in accordance with the signed agreement. 2. The debtor often neglects (deliberately or underliberately) to repay the money back which results in a bad loans and consequently gives the debtor a loss. This study is carried out in order to find out how far the responsibilities of the debtor toward the creditor are in case of the debtor's negligence to obey the terms of the agreement. This study is made descriptive analysis to co 11 ect primary and secondary data. And the instruments used to collect the data are questionaires and interviews. Samples were obtained through proposive sampling techniques. The study shows that the debtor's responsibilities in the banking practice are set in the standardized credit agreement containing conditions which were previously agreed by the two parties. In the agreement it is usually stated that in the case the debtor fails to obey the terms mentioned in the agreement creditor (bank) is entitled to sell in an auction the collateral in order to compensate the loss of the creditor. The settlement of the case is usually organized by the Local Court for Private banks and by BUPLN (The Committed for State Credit) for Government banks.