Kurahman, Taufik (2023) Penerapan Asas Itikad Baik Dalam Perjanjian Dengan Jaminan Gadai Di Pt Pegadaian Cabang Panam Upc Tarai. Other thesis, Universitas Islam Riau.

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Abstract

Good faith is mandated by Article 1338 paragraph 3 of the Civil Code that "agreements must be carried out in good faith". Problems that arise include non-compliance in installment payments which results in delays in maturity or even no payment at all, violations of the terms of the agreement, lack of effort on the part of the customer to return funds. Based on these problems, there are 2 (two) main problems, namely how to apply the principle of good faith in agreements with pledge collateral at PT Pegadaian UPC Tarai, and how to resolve defaults in agreements with pledge collateral at PT Pegadaian UPC Tarai. Judging from its type, this research is included in empirical legal research, namely research carried out by collecting data and information that is examined directly in the field using interview, questionnaire and observation data collection methods. Meanwhile, if we look at its nature, this research is descriptive analytical in nature. The aim of the research is to determine the application of the principle of good faith in agreements at Pegadaian and the process of resolving defaults. The results of the research show that the implementation of the principle of good faith in agreements with collateral at Pegadaian is running well but not yet running optimally. Late installment payments can result in sanctions such as fines, auctions and bad credit records. And settlement of defaults in agreements with collateral, namely litigation and non-litigation. Based on this research, good faith must be implemented in all agreements that have been made between creditors and debtors, and steps such as negotiation and mediation can be a means of reaching a satisfactory agreement for both parties in resolving disputes.

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