Defaults In Credit Agreements: How Are They Settled?
| Author | Rizky Auliandi |
| Position | Universitas Diponegoro |
| Pages | 143-162 |
DEFAULTS IN CREDIT AGREEMENTS
143
Defaults in Credit Agreements: How Are They Settled?
Rizky Auliandi, Mangatur Hadiputra Simanjuntak
Cite this article as:
Auliandi, R., & Simanjuntak, M. H. (2020). Defaults in Credit Agreements:
How Are They Settled?. Unnes Law Journal, 6(1), 143-162.
https://doi.org/10.15294/ulj.v5i2.23514
TABLE OF CONTENTS
Abstract ……………………………………………………...
144
Introduction ………………………………………………….
145
Method ………………………………………………………
147
Definition Limitation and Literature Review ………………..
148
1. Overview of the Agreement …………………………..
148
2. Credit Overview ………………………………………
149
3. Overview of Guarantees ……………...………………
151
4. Overview of Mortgage Rights ………………………..
151
Implementation of Credit Agreement at PT. BPR Mranggen
Mitra Persada ………………………………………………..
152
Legal Consequences When the Debtor Pays Short of
Payments After the Due Date ………………………………..
155
Conclusion …………………………………………………..
159
References …………………………………………………...
160
UNNES LAW JOURNAL 6(1) 2020
144
Defaults in Credit Agreements: How
Are They Settled?
Rizky Auliandi, Mangatur Hadiputra Simanjuntak
ABSTRACT. This study aims to determine whether the debtor has carried out his
achievements as they should and knows the legal consequences for the debtor when
trying to carry out his achievements more than the specified due date. This research
is a normative or doctrinal research that is descriptive in nature using secondary
data types. In this research, the data collection technique used is the study of
literature. The results showed that Sujono, as the debtor and PT BPR Mranggen
Mitra Persada as the creditor had carried out the credit agreement. By fulfilling the
legal conditions of the agreement as stipulated in Article 1320 of the Civil Code,
both subjective and objective terms, the agreement credit between PT BPR
Mranggen Mitra Persada as the creditor and Sujono as the debtor is a legal
agreement, but in credit repayments Sujono has an arrears of credit repayments
calculated from the principal debt, interest, and costs incurred due to arrears. Since
PT BPR Mranggen Mitra Persada filed a lawsuit with the Blora District Court,
Sujono as a defendant had no good intention to attend the trial. The Panel of Judges
decided to drop the verdict without the presence of the defendant called verstek.
From this decision the defendant or Sujono fought against verstek or what was
called the verzet. With respect to the verzet submitted by Sujono, the judge
considered that the resistance was rejected by the Panel of Judges based on the
consideration that Sujono had wrongly determined his legal subject and incorrectly
determined the arguments of the resistance proposed by Sujono against PT BPR
Mranggen Mitra Persada. Based on the decision of the Panel of Judges, Sujono is
still considered to have defaulted and must fulfil his achievements.
KEYWORDS. Tort; Defaults; Credit Agreement; Dispute Settlement; Verzet;
Achievements
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