SETTLEMENT OF BREACH OF CONTRACT IN CREDIT AGREEMENTS WITH THIRD-PARTY VEHICLE COLLATERAL (BORGTOCHT VEHICLE) AT BPR SURASARI HUTAMA

This study examines the role of Rural Banks (BPR), particularly BPR Surasari Hutama, in managing non-performing loans secured by vehicle guarantees through non-litigation mechanisms. As financial institutions, BPRs are mandated to collect savings and distribute credit within the community, with each credit agreement (Akad Kredit) legally binding both parties through a written contract that includes a principal loan agreement and collateral provision. Employing a sociological-empirical research method, this study explores how legal norms are implemented in practice, especially in cases of credit default. BPR Surasari Hutama addresses such defaults primarily through familial mediation, emphasizing the protection of creditor and debtor rights outside formal judicial proceedings. This mediation process typically results in a written commitment from the debtor, which serves as the legal basis for the repossession of the collateral vehicle. The final step involves the debtor signing a Vehicle Handover Letter (SP3), authorizing the creditor to reclaim and sell the asset through mutual agreement. The findings indicate that this mediation-based approach, grounded in effective communication, enables efficient, court-free resolution of credit disputes. This model not only facilitates the enforcement of collateral agreements but also reinforces the importance of relational trust and cooperative negotiation in financial dispute settlement at the rural banking level.

Institutions

Publication Details

Journal
Journal of Court and Justice
Published
2024-10-25
DOI
https://doi.org/10.56943/jcj.v3i4.807
Primary Topic
Geochemistry and Geologic Mapping
Type
article
Field-Weighted Citation Impact
0.00
Controls
|||
ALL TIME
JAN
FEB
MAR
APR
MAY
JUN
JUL
AUG
SEP
OCT
article

SETTLEMENT OF BREACH OF CONTRACT IN CREDIT AGREEMENTS WITH THIRD-PARTY VEHICLE COLLATERAL (BORGTOCHT VEHICLE) AT BPR SURASARI HUTAMA

Journal of Court and Justice
Geochemistry and Geologic Mapping
article

SETTLEMENT OF BREACH OF CONTRACT IN CREDIT AGREEMENTS WITH THIRD-PARTY VEHICLE COLLATERAL (BORGTOCHT VEHICLE) AT BPR SURASARI HUTAMA

article en

Abstract

This study examines the role of Rural Banks (BPR), particularly BPR Surasari Hutama, in managing non-performing loans secured by vehicle guarantees through non-litigation mechanisms. As financial institutions, BPRs are mandated to collect savings and distribute credit within the community, with each credit agreement (Akad Kredit) legally binding both parties through a written contract that includes a principal loan agreement and collateral provision. Employing a sociological-empirical research method, this study explores how legal norms are implemented in practice, especially in cases of credit default. BPR Surasari Hutama addresses such defaults primarily through familial mediation, emphasizing the protection of creditor and debtor rights outside formal judicial proceedings. This mediation process typically results in a written commitment from the debtor, which serves as the legal basis for the repossession of the collateral vehicle. The final step involves the debtor signing a Vehicle Handover Letter (SP3), authorizing the creditor to reclaim and sell the asset through mutual agreement. The findings indicate that this mediation-based approach, grounded in effective communication, enables efficient, court-free resolution of credit disputes. This model not only facilitates the enforcement of collateral agreements but also reinforces the importance of relational trust and cooperative negotiation in financial dispute settlement at the rural banking level.

Journal of Court and Justice
Universitas Bhayangkara Surabaya (ID)
Peace, Justice and strong institutions
Openalex Percentile: Top 52%
Geochemistry and Geologic Mapping
AI Navigator

Ask Laika to Summarize, Analyze, and Connect papers live on the map.

Summarize Papers & Methodologies

Extract key findings, datasets, and comparative methods across publications.

Benchmark Rankings & Visual Analytics

Rank top research institutions, authors, funders, topics, and journals by Field-Weighted Citation Impact (FWCI) and paper volume with instant charts.

Connect Distant Disciplines

Bridge topological clusters on the map to find hidden collaborative intersections.