WANPRESTASI TERHADAP NASABAH KREDIT PEMILIKAN RUMAH (KPR) DI BANK BUKOPIN (STUDI KASUS : DEBITUR KPR BANK BUKOPIN CABANG JAKARTA)

Abstract

Home Ownership Credit is a long-term credit provided by banks in collaboration with developers to make it easier for consumers to own their own home with an installment payment system to the bank. Credit based on article 1 paragraph (11) of Law Number 10 of 1998 concerning banking is the provision of money or bills that can be equivalent to it, based on an agreement or loan agreement between the bank and another party which requires the borrower to pay off the debt after a period of time. specifically by giving flowers. The credit agreement itself often experiences default, causing harm to one of the parties, such as in the case studied, the consumer as the debtor suffered a loss because the developer did not fulfill the obligations agreed upon in the credit agreement, in particular not being able to break up the master certificate. Based on this background, the problem in this research is how to resolve defaults on home ownership credit customers at Bank Bukopin Jakarta Branch and what factors cause difficulties in resolving master certificates by developers. This research is descriptive empirical juridical legal research, and the data collected was analyzed qualitatively. The theoretical basis used refers to the provisions of Articles 1320, 1338, 1238, 1243, 1131 of the Civil Code and Article 1 paragraph (11) of Law no. 10 of 1998 j.o Article 1 number 2 UUPK. The results of this research show that the resolution of the developer's default in the credit agreement at Bank Bukopin against the debtor in the name of Harianto S was through non-litigation and negotiation. The factors that cause difficulty in resolving the master certificate are because the developer has not completed all administration and PBB arrears before the current year, so this hampers the certificate resolution process. Apart from that, there are many changes in the management of the development company which makes it difficult for the Bank to visit the developer's office. The author's advice regarding this research is that consumers who want to buy a house through a developer should ensure that the certificate has been split and if they are going to apply for splitting the main certificate, they should complete the requirements first.