Tinjauan tentang pelaksanaan perjanjian pinjam-meminjam dengan jaminan fidusia di Koperasi Simpan Pinjam (KSP) Ibnu Khaldun kabupaten Pati Jawa Tengah

Oleh :
Ratna Wijayanthi - E0005263 - Fak. Hukum

ABSTRACT This research aims to find out the procedure of lending-borrowing agreement with fiduciary collateral in Ibnu Khaldun Save-Loan Cooperative (KSP) and the obstacles emerging when any breach occurs including the resolution attempt in the implementation of lending-borrowing agreement with fiduciary guarantee in Ibnu Khaldun Save-Loan Cooperative (KSP). This research belongs to an empirical law research type that is descriptive in nature. The research location in Ibnu Khaldun Save-Loan Cooperative (KSP) in Regency Pati of Central Java. The research data involves the primary and secondary data; the primary one is the main data of research while the secondary one is used as the supporting for primary data. Techniques of collecting primary data employed were observation and interview, while the secondary data derived from the books, archives and legislations. Technique of analyzing data employed in this study was the qualitative one, the analysis process of which was conducted early along with the data collection process. The implementation procedure of lending-borrowing agreement with fiduciary guarantee in Ibnu Khaldun Save-Loan Cooperative (KSP) begins with the establishment of agreement between the prospect creditor and the Ibnu Khaldun Save-Loan Cooperative (KSP) followed by the fiduciary collateral imposition, the agreement document of which is made before the notary but the registration is not made in the fiduciary registration office. The lending-borrowing agreement with fiduciary guarantee in Ibnu Khaldun Save-Loan Cooperative (KSP) is in written form constituting a standard agreement, the clauses of which are determined by the Ibnu Khaldun Save-Loan Cooperative (KSP) and then offered to the prospect creditor to approve or reject. There are two forms of breach occurring in the implementation of lending-borrowing agreement with fiduciary guarantee in Ibnu Khaldun Save-Loan Cooperative (KSP): installment payment delay and the transfer of collateral object position to other party. The resolution the account officer can do include visiting the creditor residence, giving 3 warning letters, restraining and selling the collateral object belonging to the creditor. The risk of collateral object damage or loss due to the force majeur is imposed to the cooperative except there is another provision requiring the risk transfer to the customer. The implication of research is that the implementation of lending-borrowing agreement with fiduciary guarantee in Ibnu Khaldun Save-Loan Cooperative (KSP) in loaning institutions, particularly cooperatives, should be better in the future by prioritizing the rules included in Act No. 42 of 1999 about the Fiduciary Collateral.