PELAKSANAAN LELANG TERHADAP KREDIT MACET PADA PT. BANK RAKYAT INDONESIA (PERSERO) CABANG DUMAI
ABSTRACT: Bank according to
Article 1 paragraph 2 of Law No. 10 of 1998 concerning Amendment to Law Number
7 of 1992 concerning Banking, "the bank is an entity that collects funds
from the public in the form of savings and channel them to the public in the
form of credit or other forms in order to improve the living standards of the
people. "Based on this, the bank conducting credit to debtors who need funding
for business or production activities. Based on the principle of prudence of
banks in providing credit, the bank noticed collateral for a loan. The credit guarantee
essentially serves to ensure the certainty of repayment of the debtor if the
debtor in default or bankruptcy.Under Article 6 of Law Encumbrance, if the debtor
injury appointment or default, the first mortgage holder of the right has the right
to sell the object of encumbrance on its own power through public auction.Repayment
of the receivable is taken of the results of the auction. This is what is commonly
called parate execution. This formulation also contained in Article 1 178
Paragraph (2) of the Civil Code. However, before the bank was trying to rescue
a credit according to Bank Indonesia Circular Letter No. 23/12 / BPPP dated
February 28, 1991, namely Rescheduling, Reconditioning, Restructuring.Definition
of an auction pursuant to Article 1 of the Minister of Finance Regulation No.
40 / PMK.07 / 2006 on Guidelines for the Implementation of the Auction, the
auction is a sale of goods which is open to the public at a pricequote in
writing and / or oral increased or decreased to achieve the highest price preceded
by the announcement of the auction.The auction is expected to restore the
banks' losses on customer receivables of the debtor. However, changes to the object
at auction guarantees that would result in losses for banks, namely the declining
price of the auction object. As a result, bank losses due to auction proceeds
do not cover the debts that are overdue. Because the auction results do not
meet the debt, the bank asks the customer accountability to creditors.
Penulis: Ariyana Rezki Ananda
Kode Jurnal: jphukumdd160463
