Perlindungan Hukum Bagi Debitur Terdampak Bencana Alam Banjir (Force Majeure) Pada PT. Bank Pembangunan Daerah Sumatera Barat Cabang Tapan Kabupaten Pesisir Selatan”

Wibowo, Satrio Aji (2020) Perlindungan Hukum Bagi Debitur Terdampak Bencana Alam Banjir (Force Majeure) Pada PT. Bank Pembangunan Daerah Sumatera Barat Cabang Tapan Kabupaten Pesisir Selatan”. Other thesis, Universitas Islam Riau.

Text 181021013.pdf - Submitted Version Download (3MB)

Abstract

ABSTRACT Legal protection for debtors of PT. The West Sumatra Regional Development Bank, Tapan Branch, Pesisir Selatan Regency was not fulfilled properly after the aftermath of the flood (force majeure), due to the lack of good faith from creditors to resolve problems xperienced by debtors. The author assumes creditors do not implement Article 1 number (4) of the Financial Services Authority Regulation Number 14/POJK.03/2018 concerning Assessment of Commercial Bank Asset Quality to Encourage Growth in the Housing ector and Increase in Foreign Exchange and Article 1 number (26) of Bank Indonesia Regulation Number 14/15/PBI/2012 concerning Asset Quality Assessment for Commercial Banks. The main problems in this study are: 1) how legal protection for debtors affected by floods (force majeure) and 2) how to resolve disputes against debtors affected by floods (force majeure) at PT. Regional Development Bank of West Sumatra Tapan Branch of outh Pesisir Regency. This research method, the authors use normative legal research and empirical legal research. To answer the problem of the Credit Agreement Number: PK/062/TP/KUR/062011/06-2014 dated June 15, 2011. While empirical legal research is research in the form of field studies to find theories about the process of working law in society. The nature of this research is analytical descriptive research. Legal protection for debtors affected by floods (force majeure) at PT. West Sumatra Regional Development Bank does not provide protection provided by creditors to debtors. After the flood disaster, creditors still require debtors to pay installments every month. In the event that when the flood starts to shrink, the survey team of creditors will review the location to ascertain the condition of the collateral object from the debtor. After the survey team has reviewed the location, the creditor asks the debtor to arrange a certificate that a disaster has occurred. Therefore the debtor submits a notification letter to the creditor that there has been a flood by attaching a certificate from the wali nigari office, a photo of the flood and a statement letter. But the notification letter was ignored by the creditor, which in fact had a natural disaster which resulted in the debtor's collateral object being unable to the event that when the flood starts to shrink, the survey team of creditors will review the location to ascertain the condition of the collateral object from the debtor. After the survey team has reviewed the location, the creditor asks the debtor to arrange a certificate that a disaster has occurred. Therefore the debtor submits a notification letter to the creditor that there has been a flood by attaching a certificate from the wali nigari office, a photo of the flood and a statement letter. But the notification letter was ignored by the creditor, which in fact had a natural disaster which resulted in the debtor's collateral object being unable to continue. Settlement of disputes against debtors affected by floods at PT. West Sumatra Regional Development Bank due to force majeure due to flooding in Tapan, which was carried out by the debtor, namely submitting a notification letter to the creditor, submitting a request letter to the creditor to provide insurance as stated in Article 9 of the Credit Agreement Number : PK/062/TP/KUR/06-2011/06-2014 dated 15 June 2011 regarding insurance and submitting a letter of application for credit restructuring to the debtor. However, none of the efforts made by the debtor are heeded by the creditor.

Actions (login required)

View Item