Aspek Hukum Dalam Penyelesaian Sengketa Perjanjian Kredit Antara Bank dengan Nasabah (Studi Putusan No. 486/Pdt.Sus BPSK/2016/PN.Mdn)

Abstract

Credit agreement is a credit agreement between credit providers and credit recipients. Banking practices, generally the value of credit guarantees is greater than the amount of credit approved by the bank, so that the debtor is expected to pay off the debt immediately to the bank so that later it does not lose the assets that are given as collateral in the event that the credit is determined as bad credit. Non performing loans or bad credit have juridical consequences, namely efforts to resolve non performing loans or bad credit. To solve non performing loans or bad credit, there are two strategies adopted, namely solving non performing loans through litigation and solving non litigation channels. The problem discussed in this study is how to settle disputes in credit agreements if submitted to the Consumer Dispute Settlement Agency (BPSK), and how the form of dispute resolution in Decision Number. 486/Pdt.Sus-BPSK/2016/ PN.Mdn. The research method used is library research (Library Research). This method is carried out by conducting research on various written reading sources from scholars, namely theory books on law, legal magazines, legal journals as well as lecture materials and regulations on resolving disputes over credit agreements using primary legal materials, materials secondary law and tertiary legal material. Field Research, namely by conducting field research in this case the author conducted a study at the Medan District Court by taking a decision related to the title of the thesis, namely Legal Aspects in Settling the Credit Agreement between Banks and Customers (Study of Decision Number. 486/Pdt.Sus-BPSK/2016/PN.Mdn). The results of this study are that the Consumer Dispute Settlement Agency (BPSK) is not authorized to adjudicate civil disputes over breaches (broken promises) because the civil disputes relating to default are not included in the scope of duties and authority of BPSK to resolve them. On Decision Number. 486/Pdt.Sus-BPSK/2016/PN. The problem that actually occurs is concerning a Credit Agreement made between Creditors and Debtors, not a consumer dispute but a credit dispute, which if one of the parties does not fulfill the agreement, it is called default. In this decision, the Petitioners and Respondent Objection in the credit agreement have agreed to choose the District Court for settlement of disputes.