Manuscript Title:

THE POSITION OF DEBT COLLECTORS IN HANDLING BAD LOANS IN BANKING AGREEMENT LAW PERSPECTIVE

Author:

ARI WIBOWO, BUDI SANTOSO, YUNANTO

DOI Number:

DOI:10.5281/zenodo.10121836

Published : 2023-11-10

About the author(s)

1. ARI WIBOWO - Doctoral Law Program, Faculty of Law, Diponegoro University, Jl. Prof. Soedarto, SH., Tembalang, Semarang, Indonesia.
2. BUDI SANTOSO - Lecturer of Doctoral Law Program, Faculty of Law, Diponegoro University, Jl. Prof. Soedarto, SH., Tembalang, Semarang, Indonesia.
3. YUNANTO - Lecturer of Doctoral Law Program, Faculty of Law, Diponegoro University, Semarang Jl. Prof. Soedarto, SH., Tembalang, Semarang, Indonesia.

Full Text : PDF

Abstract

This study aims to analyze the certification and guarantee of land rights over abandoned land management rights in credit applications. The research method used is normative juridical. The results show that the many banks often use debt collector services because of the high costs that must be incurred when banks want to choose the civil law route. The high cost of compensation in court is compared to the total arrears of customers, making banks prefer to use debt collector services in debt collection. With debt collector services, banks do not need to spend large costs to force debtors to pay their debts. This legal position and arrangement has the implication that debt collectors have liability obligations to two parties. Debt collectors must be responsible to the bank as a recruiter, then indirectly must also be responsible to Bank Indonesia because various debt collector obligations must be fulfilled later will be reported by the bank to Bank Indonesia. The results of this study conclude that the bank is responsible for everything done by the debt collector in collecting to customers and the debt collector has responsibility to two parties, namely to the recruiting bank and the customer.


Keywords

Position, Debt Collectors, Handling, Bad Loans, Banking, Agreement