PELAKSANAAN PEMBERIAN KREDIT DENGAN JAMINAN KIOS PASAR PADA PT. BANK PEMBANGUNAN DAERAH SUMATERA BARAT CABANG PASAR RAYA PADANG

ELGAYANTI, ELGAYANTI (2014) PELAKSANAAN PEMBERIAN KREDIT DENGAN JAMINAN KIOS PASAR PADA PT. BANK PEMBANGUNAN DAERAH SUMATERA BARAT CABANG PASAR RAYA PADANG. Other thesis, ANDALAS UNIVERSITY.

Preview	PDF Download (170Kb) | Preview
Preview	PDF Download (169Kb) | Preview
Preview	PDF Download (374Kb) | Preview

Abstract

THE IMPLEMENTATION OF CREDIT EXTENSION AND THE USE OF MARKET STALLS AS COLLATERALS to PT. BPD Sumatera Barat, Cabang Pasar Raya Padang [a Branch Office of BPD Bank in West Sumatra] Abstract The activity of borrowing and lending money has been around since money is introduced as the legal tender to human civilization/communities. This legal tender is highly demanded/required to support economic activities and to enhance the living standard of the communities.Furthermore, viewed from from the development of national economy, we can find out the magnitude of banking institution's role in the activity of money lending/borrowing [loan], especially conventional banks [banks that operate based on interest principles], which extend loan to the communities in the form of credit that requires the submission of loan security, or widely known as collateral. The extension of credit is secured through a particular contract, of which nature is complementary [accessory], from the primary contract, that is a contract of credit made by the debtor for the creditor [bank, as the lender]. Collateral securities consist of goods and personal warranty. Both are intended to provide legal guarantee for the creditor pertaining to the credit repayment or the performance of repayment on the part of the debtor as promised. Legally, collateral serves to cover debt. One of several forms of goods, that may function as collateral for credit application to Banks [in this case PT. Bank Pembangunan Daerah Sumatera Barat, Cabang Pasar Raya Padang, as the research object for the writer], is the right of use of market stalls obtained by Sellers from the Municipal Government of Padang, represented by the Office of Municipal Market. In order to secure the license, the Sellers have to fulfill certain requirements stipulated by Dinas Pasar and sign a contract in a book Right of Use Holder for Market Stall ['yellow card'], which contains Clauses that both Parties have to observe. This method is officially regulated by Municipal Government of Padang Regulation No. 8/2002 concerning the Market Management and Retribution. Theoretically, the right of use for a market stall is categorized as individual right and should only be maintained for a certain individual. However, in practice, it may serve as a collateral to apply for credit from banks, despite the obvious fact that the Municipal Government of Padang is the rightful owner of the market stalls. Through a recommendation/license from Dinas Pasar, as the representative of Municipal Government, the Sellers may pledge the stalls as collateral to the bank.This research employs the approach of empirical law, with the aim to witness the development of law in practice, particularly in the implementation of Contract of Credit, in this case using the market stall as collateral and as the settlement for bad credits. In this research, the writer descriptively analyzes relevant data, condition, and symptoms with regard to the aforementioned problem. The Contract of Credit using market stalls as the collateral for credit application to the bank is executed through an under hand Contract of Credit, and further confirmed by a Debt Acknowledgement Note [Surat Pengakuan Hutang] and Authorized Transfer of Rights from Debtor to Creditor, if the debtor cannot settle the loan. Since regulations concerning this matter, Contract of Credit by pledging market stall as collateral, are not yet available, in the future, it is expected that there will be uniformity of regulations for the Contract of Credit involving the right of use on market stall as collateral. As for the settlement of bad credits, banks resort to a persuasive action, such as publishing a letter of summation to the debtor and, if the debtor cannot settle the loan within the time period set by the bank, the bank will resort to a legal action, i.e. by filing a lawsuit to the Court or, as the last resort, liquidating the credit collateral. Key Words: Collateral, Market Stall.

Actions (login required)

View Item