Implementation of Micro Multiple Kredit Binding Without Collateral at PT. Bank Mandiri (Persero) Tbk. Branch Padang
Abstract
Banks are business entities that collect funds from the public in the form of savings and distribute them to the public in order to improve the standard of living of the people at large. In terms of channeling funds, namely through credit to the community, in its development it has undergone changes where initially there were provisions regarding the availability of collateral for credit requested by debtors as regulated in Law Number 14 of 1967, but with the birth of Law Number 7 of 1992 concerning Banking, as amended by Law Number 10 of 1998, no longer explicitly states the obligation to provide collateral for the credit requested by the prospective debtor. Bank Mandiri, Padang Branch as one of the banks that issued a product called Micro Multipurpose Loans without collateral, but faced the risk of customers defaulting or being unable to fulfill their obligations with several problems. This is what will become a problem for the Bank in the absence of collateral that can be used as a guarantee for customer default. Therefore, it is necessary to trace and conduct research on the implementation of binding Micro Multipurpose Loans without collateral and settlement of their repayments in the case of defaulters at Bank Mandiri, Padang Branch. The research method used in this research is the empirical juridical research method, namely the legal research method regarding the enactment and implementation of normative legal provisions in action at any particular legal event that occurs in society. The results of the study conclude that the implementation of collateral-free Micro Multipurpose Loans at Bank Mandiri is carried out by steps of customer prospects, initial investigation and verification, analysis / scooring, credit approval, credit agreements, legal documents, disbursements, and settlement of repayments if the debtor defaults by means of collection persuasive, rescheduling / restructuring, and closing of bad insurance / layoffs and creditors can take credit settlement steps through a lawsuit to the District Court. This is because in general, banks have been given legal protection in accordance with the legal provisions stated in Article 1131 and Article 1132 of the Civil Code.
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Abdulkadir Muhammad dan Rilda Murniat, 2000, Segi Hukum Lembaga Keuangan dan Pembiayaan, PT. Citra Aditya Bakti, Bandung
Djoni S. Gozali dan Rachmad Usman, 2010, Hukum Perbankan, Sinar Grafika, Jakarta.
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http://www.semanticholar.org/paper/jaminanfidusia accessed on April 10, 2019.
Interview with Fadel Sobirin who serves as Micro Credit Sales at Bank Mandiri Padang Branch.
DOI: http://dx.doi.org/10.18415/ijmmu.v8i7.2838
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