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All Journal Madani: Multidisciplinary Scientific Journal Journal of Progressive Law and Legal Studies
Firgilius Kandro Mego Asman
Universitas Katolik Widya Mandira Kupang
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Penyelesaian Kredit Macet di Bank NTT Stefanus Don Rade; Firgilius Kandro Mego Asman; Engelbertus Tobu; Allesandro Patricio Quinaldy
Madani: Jurnal Ilmiah Multidisiplin Vol 1, No 5 (2023): Juni
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

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Abstract

This writing aims to  find out the precautionary principle in granting credit to the NTT BANK and find out the efforts made by the NTT BANK in legal settlement in the event of default if the debtor has passed away. This research was carried out at NTT BANK Oebobo Branch. The type of research in the preparation of this thesis is empirical. The population studied is the settlement of bad debts due to default for debtors. Data sources in this study consisted of primary data and secondary data. Data collection techniques were carried out using library research and interviews. The data analysis method used is qualitative. The results of this study are The precautionary principle in extending credit to NTT BANK is when credit applications, credit analysis, credit decisions, credit realization and credit development, while the efforts in legal settlement in the event of default if the debtor has passed away are restructuring, attempts to collect by way of a warning letter or subpoena and auction of mortgage rights through the Office of State Property Services and Auctions.               Not all creditors can return credit as promised in the contract. To guarantee the creditor's trust in paying off credit by the debtor, a collateral object is needed. Regarding collateral objects, immovable property is bound with Mortgage Guarantee institutions. But there are often problems in executing collateral objects. Normative legal research that discusses doctrinal law uses the statutory and concept approaches. This study aims to find the most effective way to carry out executions that benefit both parties. Execution of collateral can be done through public auctions or underhanded execution. Execution of Credit Collateral which is burdened with Under Right Handling Rights is one of the alternatives that is considered easier and must take precedence.
Legal Protection of Creditors in Credit Agreements at Swastisari Kupang Credit Union Stefanus Don Rade; Mericiana Yulita Fin Tae; Firgilius Kandro Mego Asman; Kalistus G. Wayong Huler
Journal of Progressive Law and Legal Studies Том 1 № 02 (2023): May 2023
Publisher : Pt. Riset Press International

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59653/jplls.v1i02.81

Abstract

Credit Unions have an important role in improving the economy of the Indonesian people through joint efforts based on family principles, so cooperatives need to develop themselves further and be built to be strong and independent based on cooperative principles. In running its business, the suitable implements credit, a form of effort to process the capital owned from deposits and member donations, to achieve optimal results. A credit agreement is needed to avoid bad credit in the future as evidence of a contract between the creditor and the debtor. This is a reference to legal protection for the debtor. This research was conducted through the empirical juridical method using primary data sources, namely data obtained directly in the field. In terms of providing credit and collateral, there is often negligence by the debtor to the creditor. Hence, the creditor, in this case, the Swastisari Kupang Credit Cooperative, has a very interesting strategy as a reference for recovery, namely by checking loan files, surveys, credit analysis by applying the 5C principle, billing control by checking data periodically to find out the condition or condition of the borrowing member. In addition, the cooperative makes rescheduling, restructuring, and reconditioning to achieve mutual welfare based on the principle of kinship.
Co-Authors Allesandro Patricio Quinaldy Engelbertus Tobu Kalistus G. Wayong Huler Mericiana Yulita Fin Tae Stefanus Don Rade