Kepastian Hukum Perjanjian Kredit Di Bawah Tangan Pada PT Bank Perkreditan Rakyat Cempaka Wadah Sejahtera

Sarwani, Sarwani (2022) Kepastian Hukum Perjanjian Kredit Di Bawah Tangan Pada PT Bank Perkreditan Rakyat Cempaka Wadah Sejahtera. Masters thesis, Universitas Islam Riau.

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Abstract

Legal certainty must be clearly visible in every legal event, both within the scope of private law and in the scope of public law. Within the scope of private law, one of these legal certainty must be practiced within the scope of business law, particularly in the implementation of private credit agreements at PT Bank Perkreditan Rakyat Cempaka Wadah Sejahtera. The problem in this research is what causes PT Bank Perkreditan Rakyat Cempaka Wadah Sejahtera to enforce an underhand credit agreement and what are the legal consequences of an underhand credit agreement at PT Bank Perkreditan Rakyat Cempaka Wadah Sejahtera. This type of research is observational research or observational research by means of a survey, in which the researcher directly conducts research at the research location to obtain the necessary data. While the nature of this research is descriptive, which describes clearly and in detail about the legal certainty of private credit agreements at PT Bank Perkreditan Rakyat Cempaka Wadah Sejahtera. From the results of the study, it can be concluded: First, the cause of PT Bank Perkreditan Rakyat Cempaka Wadah Sejahtera to enforce an underhand credit agreement is from the aspect of the fees charged to the debtor and the period of service to the debtor. From the aspect of cost, the agreement under the hand does not require a large fee (only a seal). This is of course different from a credit agreement made with an authentic deed which is required to follow the tax rules and numbering fees because it uses the services of a third party (notary). From the aspect of the service period, because the private agreement is made by the internal bank (credit admin), it doesn't take a long time to process it (1 day). As for authentic agreements, it is necessary to order from a notary, request an agreement number, wait for the draft/minuta from the notary to carry out the agreement, which can take quite a long time, which is more than 1 day. Second, the legal consequence of the private credit agreement at PT Bank Perkreditan Rakyat Cempaka Wadah Sejahtera is the emergence of rights and obligations for the parties. The legal consequences of a credit agreement that is not made authentically or not legalized by a notary causes the agreement to become an underhand agreement. The private deed has a very real weakness, namely in terms of proving the private deed it must be accompanied by other evidence because it is not perfect evidence. One of the legal consequences in the event of a default by the debtor is that the creditor can purchase part or all of the collateral, either through auction or outside the auction based on voluntary submission by the owner of the collateral or based on the power to sell outside the auction from the owner of the collateral, provided the collateral is purchased must be disbursed as soon as possible.

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