HANDLING OF NON-PERFORMING LOANS FOR MICRO-ENTERPRISES WHO HAVE DECEASED WITH A CERTIFICATE OF PROPERTY RIGHTS

HANDLING OF NON-PERFORMING LOANS FOR MICRO-ENTERPRISES WHO HAVE DECEASED WITH A CERTIFICATE OF PROPERTY RIGHTS

FRANSISKA ARDANA
NIM: 212374201017

ABSTRACT

A micro, small and medium business is a community business that improves their economic standard of living, in line with the development of the times, companies operating in the MSME sector collaborate with capital or banks with the aim of expanding the business without considering the risks that will be accepted. Before disbursing business capital, the bank itself must have confidence that the business actor is able to cover the monthly payments with collateral in the form of mortgage rights. This research is normative research, using the Statute Approach method so that it will obtain information from various aspects regarding the legal issues that are being tried to find answers. This legal approach is carried out by examining all laws and regulations that are related to legal issues related to the problems discussed by the author of this thesis.
Debts for debtors who pass away are not free from the responsibility to pay off their debts. This becomes an inheritance that must be borne by the heirs in order to settle the remaining debts. However, the fact is that during his lifetime the business actor or debtor tied up debts and credit life insurance agreements, then all remaining debts are the responsibility of the insurance company. Efforts that must be made by the heirs to avoid default are by making an insurance claim on the basis of being a replacement policy holder for the debtor who dies. If the insurance company does not disburse the funds from the life insurance claim, then legal protection for the heirs takes legal action, both Non-Litigation and Litigation. After discussing the existing problems, it can be concluded that based on this, the heir, as the successor of the heir, is obliged to pay off the remaining debt on the basis of credit life insurance, which is the responsibility of the insurance company, in order to take collateral in the form of a certificate or what is often called a mortgage right.
The remaining principal amount of bad credit is variable. If the auction value of the Mortgage Rights object is greater than the remaining principal value of the debt, then the creditor (Bank) gives the excess to the debtor, which in the event that the debtor has died then the excess is handed over to the heirs.

Keywords: Bad Credit, Debtor Dies