Pelaksanaan Perjanjian Simpan Pinjam Dengan Jaminan Fidusia Pada BUMDES Koto Tinggi

Mahendra, T Surya (2022) Pelaksanaan Perjanjian Simpan Pinjam Dengan Jaminan Fidusia Pada BUMDES Koto Tinggi. Other thesis, Universitas Islam Riau.

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Abstract

This precautionary principle is realized in the form of a savings and loan agreement with fiduciary guarantees at Bumdes Jaya Bersama Koto Tinggi, but in practice some of the fiduciary guarantees used are not registered or notarized before a notary. Based on the above background, the problem studied is how the implementation of savings and loan agreements with fiduciary guarantees at the BUMDes Jaya Bersama Koto Tinggi Rambah District, Rokan Hulu Regency and what legal consequences can be caused to creditors and BUMDes Jaya Bersama Koto Tinggi if the fiduciary guarantees are not registered. The type of research used is observational research or empirical research, which is a study that seeks to identify the laws that exist in society with the intention of finding out other symptoms by means of a survey, the sampling method is purposive sampling, namely sampling that is only adapted to the research objectives, in order to achieve the objectives. and objectives in this study. In accordance with the title, the location of the author's research is Bumdes Jaya Bersama Koto Tinggi, Rambah District, Rokan Hulu Regency. The population in this study were 465 debtors in Koto Tinggi Village. Then the samples were 15 people, 1 Commissioner/Supervisor and 1 Director of Bumdes Jaya Bersama Koto Tinggi. The results showed that the implementation of the credit agreement between Bumdes Jaya Bersama Koto Tinggi was started by submitting and filling out and signing the credit application and the feasibility of Bumdes Jaya Bersama Koto Tinggi would be assessed. If it is deemed feasible, then the signing of the credit agreement and the signing of the Power of Attorney for the Sale of Collateral will be carried out and the disbursement will be expedited, while the settlement of default of the credit agreement as outlined in the loan agreement letter (SP2K) does not yet have strong legal certainty in foreclosure, because it has not been registered. in the notarial deed. Bumdes Jaya Bersama Koto Tinggi that received fiduciary security rights sometimes did not register it, for reasons of cost or because the deed of agreement was made privately. Meanwhile, from the customer's side, it often happens that the rights of fiduciary collateral objects are transferred to third parties. So that the legal consequence that arises is that when the fiduciary guarantee is not registered, the Bumdes Jaya Bersama Koto Tinggi does not have executorial rights and the rights of the Bumdes Jaya Bersama Koto Tinggi do not get protection as stated in the fiduciary guarantee law. Therefore, the solution taken by Bumdes Jaya Bersama Koto Tinggi is to report the debtor to the Indonesian National Police Office on charges of embezzlement.

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