Implementation of Corporate Guarantee for the Debt of Debtor at PT Bank Danamon Indonesia Tbk, Padang Branch

Abstract

Bank is a business entity which collect fund from citizen in the form of deposits and re-distribute it back in the form of credits (lending) or other in order to improve the social welfare. Giving credits to citizen is based on in-depth analysis towards the debtor’s character and ability to pay off the debt. The debtors must give out collateral and the bank must analyze the character, capability, collateral capital and business prospect of the debtor. The collateral given by the debtors can be divide in two form, fixed asset and non fixed asset, the example of non fixed asset is corporate guarantee. This type of collateral is commonly accepted in state owned bank and private bank, such as in PT. Bank Danamon Indonesia, Tbk. Bank Danamon is one of leading bank for lending chathegories in Indonesia and supported by thousands branch. The main problem in this study is how the implementation of binding corporate guarantee as collateral at PT. Bank Danamon Indonesia, Tbk Padang Branch. And does the corporate guarantee can settle the issue of non-performing loan in PT. Bank Danamon Indonesia, Tbk. The type of research used in this thesis is empirical legal research. The specification of research used in this thesis is analytical descriptive.  The results of the author’s research showed that although the Corporate Guarantee Agreement Deed stated the guarantor must bail-out the debtor obligation upon the bank request without any evidences of debtor neglected. However, the issue of non perfoming loan in PT Bank Danamon Indonesia, Tbk Padang Branch has never been settled by law enforcement or foreclosure. The conclusion is that corporate guarantee at PT Bank Danamon Indonesia, Tbk Padang branch is merely a moral obligation, and acted as a additional collateral to increase the assuredness of the bank because the main collateral given to the debtor is already sufficient.