ANALISIS YURIDIS ATAS GUGATAN SITA JAMINAN DALAM PERJANJIAN KREDIT AKIBAT WANPRESTASI DI BANK PERKREDITAN RAKYAT BINA DANA SWADAYA (Studi Kasus Putusan Nomor: 360/Pdt.G/2018/PN.Tng)

Abstract

Credit carried out by banks to the public through a credit agreement between the giver and the recipient so that a legal relationship occurs. In the agreement itself it is necessary to have a guarantee for legal certainty to be able to pay off the debtor's debts by confiscation of collateral. In fact, the implementation of credit agreements does not always run smoothly even though there are regulations governing the implementation of credit agreements, because there are also debtors who default, which often leads to disputes, which not infrequently also ends with the implementation or execution of debitor's property confiscation. Furthermore, to resolve the dispute, an independent and autonomous institution is needed which is expected to be able to resolve disputes in the fairest way possible by filing a lawsuit. However, the lawsuit filed was declared inadmissible. Therefore, the problem is how the judge's consideration of the implementation of the confiscation of guarantees in the default case on the credit agreement and what are the legal consequences in the default case on the credit agreement in Decision Number 360/Pdt.G/2018/PN.Tng.