Published February 22, 2024 | Version v1
Journal article Open

JURIDICAL STUDY OF DEFAULT SETTLEMENT AT RURAL BANKS THROUGH LINKAGE CREDIT SCHEMES

Description

In the Linkage product, the Bank makes it easy for BPR to obtain credit facilities with many facilities for smooth and productive capital for debtors who need it. Apart from that, the collateral used is in the form of asset replacement or nominative performing loan. The nominative list of performing loans provided by the BPR contains a list of the names of the borrowers at the BPR, the personal data of the BPR debtors, including identity number, address, telephone number, the debtor's account number at the BPR, and the credit limit used, thus giving rise to a legal problem if this occurs. Default in the case of loans not accompanied by collateral in the form of valuable assets. This research was conducted in a normative juridical form where the author will conduct an in-depth study of positive legal norms and other literary legal materials.The research objective raised in this study is to analyze the credit agreement process with a Linkage scheme with binding Asset replacement or nominative performing loan and settlement of defaulting debtors with a Linkage scheme with a guarantee of Asset Replacement or Nominative Performing Loan. The research results show that the credit agreement process using the Linkage scheme with the binding of Asset replacement or nominative performing loan is valid in agreement law because it has fulfilled the requirements for the agreement's validity as regulated in Article 1320 of the Civil Code. The settlement process is carried out through a judicial procedure, namely with a lawsuit for breach of contract and accompanied by a request for collateral confiscation of the debtor's assets as regulated in Article 1131 of the Civil Code of the Civil Code.

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