PENYELESAIAN KREDIT BERMASALAH PADA PERUSAHAAN LEASING BERDASARKAN HUKUM PERDATA

Abstract

As is usual in other agreements, there is the possibility of disputes between
parties, among others, can be in the form of differences in interpretation of the
contents of the agreement, default, and overmacht, so that the phenomenon of bad
credit can occur in the leasing agreement. The purpose of this essay is to find out,
and obtain an objective picture of the resolution of problem loans in leasing
companies based on civil law and to analyze the Decision Number 293K / Pdt-
Sus.BPSK / 2016.
In writing this essay, the author uses a type of normative research, namely
library legal research (library research) or literature study. To draw conclusions
from the data collected, the author uses deductive data analysis techniques,
namely by drawing conclusions from the general to the conclusion that special.
The conclusion that can be obtained from this research is, First, in the
settlement of this case in the court, namely leasing as the plaintiff wins the default
case carried out by consumers / defendants based on the decision of the Supreme
Court Number 293K / Pdt-Sus.BPSK / 2016. Second, in the analysis of Decision
Number 293K / Pdt-Sus.BPSK / 2016 based on civil law, the author analyzes that
the error was indeed carried out by the consumer / defendant who had defaulted.
The leasing party has the right to confiscate or regain control of the object of the
agreement. The author's advice in this study is, First, the settlement of problem
loans in leasing companies should be done in a gradual and tiered manner.
Secondly, in the case of an agreement between the leasing party and the
consumer, each of them must comply with the rules in the agreement so that there
is no default. If there are problems or disputes in the agreement, the two parties
should remain obedient to the agreement, where the agreement becomes a law for
those who make it, and in examining and deciding a case must be carried out by
the competent authority, and must also be in accordance with place or
jurisdiction that has been determined by the party to the dispute.
Keywords: Dispute Settlement - Bad Credit - Leasing