Pelaksanaan Perjanjian Kredit Dengan Sistem Kreasi di PT Pegadaian Cabang Jambi

Abstract

The aim of this research is to find out and analyze how credit agreements are implemented using the system and to find out what obstacles are faced in implementing creative credit agreements at PT Pegadaian Jambi Branch. This research is empirical juridical research using agreement theory and dispute resolution theory. Data obtained from literature and field studies. Data was taken qualitatively and the results of the analysis were presented descriptively. The research results show that the rights and obligations of debtors as loan recipients and fiduciary providers are stated in a creative credit agreement (primary) and a fiduciary guarantee agreement (secondary) made by Pegadaian which contains an exoneration/exemption clause. Primary agreements made on the basis of mutual agreement remain in accordance with and do not conflict with the provisions contained in the Civil Code and Government Regulation Number 51 of 2011, and secondary agreements are guided by Law of the Republic of Indonesia Number 42 of 1999 concerning Fiduciary Guarantees. Article 1338 Paragraph (1) of the Civil Code states that every agreement made legally will have the same force as the law for both parties making it. This article contains the principle of pacta sunt servanda (the principle of binding legal force). This means that if the prospective debtor agrees and signs the contents of the credit agreement, then at that moment an agreement is created, namely the rights and obligations of both parties which must be fulfilled in accordance with what is written in the contents of the agreement. At PT Pegadaian Jambi Branch, these rights and obligations cannot always be fulfilled as they should be. There are times when debtors are negligent or even do not carry out their obligations in paying the agreed credit installments for several reasons. The results of research conducted by the author show that the factors that cause debtors to be hampered in fulfilling their obligations in accordance with the contents of the agreement (default) are costs, negligence and low legal awareness.