Tinjauan Hukum Terhadap Wanprestasi Debitur Dalam Perjanjian Kredit Pemilikan Rumah Subsidi Pada PT. Bank BRI Syariah Di Perumahan Kampung Melati Pekanbaru

Fitriyani, Rahmatul Annisa (2021) Tinjauan Hukum Terhadap Wanprestasi Debitur Dalam Perjanjian Kredit Pemilikan Rumah Subsidi Pada PT. Bank BRI Syariah Di Perumahan Kampung Melati Pekanbaru. Other thesis, Universitas Islam Riau.

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Abstract

Subsidized Home Ownership Loans (Subsidized Mortgages) are loans or home ownership financing that are obtained from the government in the form of subsidies issued by implementing banks. PT. Bank BRI Syariah Pekanbaru is an implementing bank that collaborates with the Ministry of PUPR in the context of distributing facilities and/or home ownership assistance at Kampung Melati Housing Pekanbaru. According to PUPR Ministerial Regulation No. 20/PRT/M/2019, subsidized KPR houses are intended for Low-Income Communities (MBR) which cannot be rented out to other parties. However, the debtor violates the contents of the agreement so that there is a default in the agreement. Based on the explanation of the background of this research, the authors are hereby interested in conducting research with the formulation of the problem of how to regulate subsidized mortgages according to the Minister of PUPR Regulation No.20/PRT/M/2019 and how to resolve violations of subsidized mortgage regulations in Kampung Melati Housing, Pekanbaru. The research method used in writing the thesis is a type of legal research using the Normative- Empirical method, namely a research method that combines elements of normative law which is then supported by additional data or empirical elements. While this research is descriptive, the researcher provides a detailed and clear picture. Based on the results of the study, it was found that the factors causing debtors to rent subsidized houses while still in the credit process. This violates the contents of the Agreement with PT. Bank BRI Syariah which causes default. The debtor defaults not because of a compelling situation (Overmach) but because of the debtor's intention. Efforts to resolve violations of Subsidized Mortgage regulations are resolved non-litigation by the debtor. Then a sanction is given in the form of revocation of the subsidy for the house. It is hoped that in the future the Ministry of PUPR and implementing banks will have to be more cooperative and coordinate better regarding the distribution of subsidized mortgage funds so that subsidies are right on target.

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