Penyelesaian Kredit Macet Melalui Penjualan Dibawah Tangan Atas Objek Jaminan Yang Diikat Dengan Jaminan Fidusia Dengan Perusahaan Pembiayaan PT Bima Multi Finance Cabang Pekanbaru

APRIYANDI, MIZWAR (2017) Penyelesaian Kredit Macet Melalui Penjualan Dibawah Tangan Atas Objek Jaminan Yang Diikat Dengan Jaminan Fidusia Dengan Perusahaan Pembiayaan PT Bima Multi Finance Cabang Pekanbaru. Masters thesis, UNIVERSITAS ANDALAS.

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Abstract

The collateral institution is the collateral for moving object and has been widely used by the public in business. Prior to the enactment number 42 of 1999 on Fiduciary, the difficulties that banks faced in terms of execution, because there was no clarity of the arrangement. Hence, in the implementation of the execution carried out by the provisions of a law suit, which is usually takes more time and cost. The main problem of this research : Is the implementation of the settlement of non peforming loans through private sales to lien under fiduciary security with the financing institution PT. Bima Multi Finance, Pekanbaru accordance to applicable rules ?, and What are the inhibiting factors and how to overcome obstacles in the implementation of the settlement of non peforming loans through private sales to lien under fiduciary security with the financing institution PT.Bima Multi Finance, Pekanbaru ?. The research methods are Juridical, empirical and sociological. While the nature of this research is descriptive, that was as a problem solving process which investigated by describing the state of the subject or object of the researcher (a person, institution, society and others), and based on facts present that appear or as they were. The result and the discussion of the research were known that the implementation of the settlement of non peforming loans through private sales to lien under fiduciary security with the financing institution PT.Bima Multi Finance, Pekanbaru was accordance to the enactment number 42 of 1999 on Fiduciary as the provision does not harm the debtor of PT.Bima Multi Finance, Pekanbaru. Because the remaining principal debt can be paid. And if any remainder of the sale, it will be returned to the debtor. The inhibiting factors and how to overcome obstacles in the implementation of the settlement of non peforming loans through private sales to lien under fiduciary security with the financing institution PT.Bima Multi Finance, Pekanbaru was there were a debtor that sell the collateral to the third person. The warrant was mortgage, and then the transfer of debtor's debt to a third party without noticed to PT. Bima Multi Finance, Pekanbaru. The recipient address of the facility has moved (unknown). The resolution of the problem was through by deliberation to the debtor about the process to solving the non peforming loans through private sales to lien under fiduciary security. The Financing Institution visits the debtor’s home, and the debtor expected to provide information on the existence of warrant and reporting to the Police, reporting on the act of embezzlement of warrant by the debtor. Keyword : The Settlement of Non Performing Loans, Fiduciary Guarantee, Private Sales

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