Sub-Rosa Selling as a Settlement of Nonperforming Loans Tied to Credit Agreement with Fiduciary Guarantee in PT. Bank Rakyat Indonesia (Limited) Ltd.

Abstract

This research purpose is to acknowledge problems upon the Warranty Law, especially upon the completion process of the troubled credit upon Sub-Rosa selling with Fiduciary warranty of PT. Bank Rakyat Indonesia (Limited) Ltd. and the risen obstacles upon the troubled credit completion under sub-Rosa with Fiduciary warranty of the PT. Bank Rakyat Indonesia (Limited) Ltd. The research was completed in PT. Bank Rakyat Indonesia (limited) Ltd. with the research subject including Account Officer (AO) of the bank. The research methodology used was Juridical Empirical, which used the fact approach system by executing observation and research on the field, which then evaluated and examined based upon the related regulation. The data used was primary data, which was taken directly from the field by using questioner and interview, and secondary data, which was literature.The data analysis used was analytical Qualitative with deductive concluding. The research results are: 1) Based upon the result, upon the completion of troubled credit if the fiduciary provider was not responsible, BRI executed sub-Rosa selling by asking the debtor to sell the warranty willingly, then gave the result to the bank to complete the loan. The method was considered faster, more effective, and efficient than the method of court settlement. 2) Upon the completion of the troubled credit by using sub-Rosa selling instrument, there were obstacles that delayed the completion.