SKRIPSI
RESTRUKTURISASI PEMBIAYAAN LEASING AKIBAT GEMPA BUMI PADA PT. ADIRA DINAMIKA MULTIFINANCE CABANG CIANJUR DIHUBUNGKAN BUKU III KUHPERDATA
Restructuring due to an earthquake is a remedial effort carried out for
debtors when there is difficulty in paying due to an earthquake. The problems that
occur are caused by debtors carrying out restructuring by paying installments on
time, but debtors defaulting on installments and fines are always there. The debtor
makes installment payments irregularly or not on time as agreed. So Adira Finance
confiscated collateral objects from debtors in stages SP1, SP2, SP3 and subpoena.
That debtors according to POJK have special treatment from financial institutions
affected by disasters such as other new fund providers to debtors affected by the
earth. The implementation of reconstruction due to the earthquake at Adira Finance
was carried out, as well as the legal consequences of reconstruction due to the
earthquake at Adira Finance and reconstruction of leasing financing due to the
Cianjur earthquake at PT. Adira Dinamika Multi Finance Cianjur branch.
The method used in this research is a descriptive analytical method to
provide an overview of the facts and provide provisions for the frequency of
occurrence. The approach method is to use a normative juridical approach, so that
the researcher describes the research results which are linked to the applicable
laws and regulations. The research stage itself goes through library research stages
using primary, secondary and tertiary materials as well as carrying out interview
techniques, data collection techniques, documentation studies and interview
studies. The data collection tools in this research were literature and interview
guides, as well as this qualitative juridical research exploring legal materials
related to the restructuring of financing due to the earthquake at the Cianjur branch
of Adira Finance.
The results of the research are that the implementation of restructuring due
to the earthquake was based on a restructuring financing agreement with an
installment extension agreement, installment fees and low fines in accordance with
Article 1320 of the Civil Code. Regarding collateral confiscation, it is attached to
the financing agreement, followed by several processes SP1, SP2, SP3 and
summons. The legal consequence of reconstruction is that the debtor remains to
compensate for losses or carry out confiscations if there is a default according to
the financing agreement. Legal efforts taken to resolve settlements resulting from
earthquakes can be carried out using non-litigation efforts first to minimize the
costs incurred, if non-litigation still cannot help the settlement, then it is resolved
through litigation in court.
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