THE SETTLEMENT MODEL AGAINST CREDIT AGREEMENTS BETWEEN CREDITORS AND DEBTORS

Abstrak The purpose of this study is to analyze the factors that cause bad credit to credit agreements between creditors and debtors and to formulate a model of bad credit settlement against credit agreements between creditors and debtors. This study uses an empirical juridical approach. This study found that the factors causing the occurrence of bad credit are due to internal factors of the bank (creditors), namely ignoring bank prudential principles, especially the 5C principle, where banks are less careful in assessing potential debtors, and external factors (debtors), where the debtor's business decreases , debtors are not clever in managing their business, debtors have large debts, credit is not used properly, hidden credit and fictitious credit. The non-performing loan settlement model puts forward the principles of taawun and tawazun, with several stages, namely subpoena, credit restructuring and, / or credit settlement by selling collateral as a last resort.


A. INTRODUCTION
Economic globalization has had a major impact on the field of law, including banking law 1 . Banks are financial institutions that can provide funds in the form of loans to the public for business development through a credit agreement 2 . A bank that has a strategic position to encourage national economic growth, which functions as a financial intermediary. 3 The bank's activities are expressly regulated in Article 1 number 2 of Law Number 10 of 1998 concerning Amendments to Law Number 7 of 1992 concerning Banking. 4 Bad credit is a risk of extending bank credit which has a negative impact which, if not resolved, will affect the health level of the financial institution. 5 So a credit guarantee is needed as a guarantee by the bank as the creditor if the debtor fails to promise or defaults. 6 One form of collateral can be in the form of immovable objects, namely land and buildings encumbered with Mortgage Rights in accordance with Law Number 4 of 1996 concerning Mortgage Rights for Land and Objects related to Land, hereinafter referred to as UUHT. According to Article 1 paragraph 1 of the UUHT, Mortgage Rights are rights to land and objects related to land which are security rights imposed on land rights as referred to in the Basic Agrarian Law (UUPA). 7 Mortgage is an accessoary agreement, namely before the imposition of an object, preceded by a debtreceivable agreement between the creditor and the debtor. The debt and receivable agreement states that there is a promise to provide mortgage rights by the debtor in accordance with Article 10 paragraph 1 of the UUHT. 8 Bad credit in question is credit that is experiencing repayment difficulties. This can make the bank worse if the amount of bad credit is large. In the event of bad credit, efforts to resolve banking problems in terms of bad credit are broadly grouped into 2 (two) stages, namely the rescue effort stage and the settlement effort stage tends to focus on actions to seek payments, make cash collateral disbursements, collect claims from guarantor, take over collateral. by the bank itself, voluntary sale or sale of collateral by auction 9 . According to Article 20 of Law Bad credit occurs at the Bank either caused by the bank, such as the existence of certain interests of the credit provider officials for requests for inappropriate credit on an unhealthy basis for their customers by expecting rewards from customers, and the bank does not dig up information about financial data and reports. 13 customer's business. Bad credit can also be caused by the customer himself, such as the customer not being able to allocate borrowed funds so they cannot pay off the debt. 14 This study aims to analyze the factors that cause bad credit to credit agreements between creditors and debtors and to formulate a model for settling bad loans against credit agreements between creditors and debtors.

B. RESEARCH METHOD
This research uses an empirical juridical approach, which is an approach by analyzing various normative laws and regulations and analyzing people's behavior related to economic, political, social and cultural aspects. 15 This type of research is a descriptive study. This research will provide an overview of a symptom or problem of bad credit according to the findings in the field. The data used are primary data and secondary data, data obtained 10  from library materials. 16 Furthermore, the data were arranged systematically and analyzed descriptively and analytically.

C. RESULTS AND DISCUSSION 1. Factors That Cause Bad Credit To Credit Agreements Between Creditors And Debtors
Basically, the material agreement can be divided into 2 types, namely the principal and the access agreement. The principal agreement is an agreement to obtain credit facilities from banking institutions or non-bank financial institutions. Accessory agreement is an agreement that is additional in nature and is linked to the main agreement. Examples of accesoir agreements are agreements for the imposition of guarantees, such as pledge, dependents and fiduciary agreements. So, the nature of the guarantee agreement is an access agreement, which is following the main agreement. 17 Increasing lending is usually accompanied by an increase in nonperforming loans. Although the percentage of the number and the increase is not large, non-performing loans will affect the health of banks. Periodic payments or credit on a financing sometimes cause several problems such as non-performing credit and even bad credit. Not all customers can fulfill their obligations to the bank smoothly or on time 18 . For this reason, banks in providing credit always prioritize a security system, namely assessing potential borrowers from various aspects. 19 These aspects are better known as the 5 C's principle consisting of the character of the debtor, the capacity or ability of the debtor, capital or debtor capital, collateral or guarantees and the conditions of economic or business prospects of the debtor.
Criteria for Classification of Credit Quality according to Article 12 paragraph 3 of Bank Indonesia Regulation Number 7/2 / PBI / 2005 concerning Asset Qualitad Assessment for Commercial Banks, is divided into 5, namely: 20 a. Current credit, that is, if it meets the criteria: 1) Payment of principal and / or interest is correct; 2) Have an active account mutation; 3) Part of the credit secured by cash collateral; b. Credit is of particular concern, that is, if it meets the criteria: 1) There are arrears in principal and / or interest installments that have not exceeded 90 days; 2) Sometimes an overdraft occurs; 3) Relatively low account movements; 4) It is rare for a contract to be violated; 5) Supported by new loans; c. Credit is substandard, that is, if it meets the criteria: 1) There are arrears in principal and / or interest installments that have exceeded 90 days; 2) Overdrafts often occur; 3) The frequency of account mutations is relatively low; 4) There was a breach of contract that was promised for more than 90 days; 5) There are indications of financial problems faced by debtors; 6) Weak loan documentation; d. Doubtful credit, that is, if it meets the criteria: 1) There are arrears in principal and / or interest installments that have exceeded 180 days; 2) Often, overdrafts are permanent; 3) There is a default of more than 180 days; 4) There is a capitalization of interest; 5) Weak legal documentation for both credit agreements and collateral engagements. e. Bad credit, that is, if it meets the criteria: 1) There are arrears in principal and / or interest installments that have exceeded 270 days; 2) The operating loss is covered by a new loan; 3) From a legal perspective as well as market conditions, collateral cannot be cashed at fair value; According to Supriyadi 21 , Broadly speaking, there are two things that cause bad credit in murābahah financing, namely internal factors and external factors.
The provision of credit with guarantees of mortgage rights at the People's Credit Bank of Pura Arthakencana Jatipuro Regency is not always of good quality. The debtor sometimes defaults, the default means the debtor does not pay or is late in paying predetermined installments. The debtor's negligence in fulfilling its obligations will harm the bank as a creditor. If the debtor is unable to pay off his debt as promised is called bad credit. At the Pura Arthakencana Jatipuro People's Credit Bank, Karanganyar Regency, in the last three years, there were debtors who were in the bad credit category. The data are as follows:  Based on the table, the risk of bad credit still occurs every year, as in 2015 there were 4 credit debtors with collateral as collateral that were included in the bad credit category with a loan value of Rp 180,000,000, a mortgage value of Rp 270,000,000 and the remaining loan of Rp 110,381. 900. In 2016 there were also loans with collateral as well as bad credit, namely 3 debtors with a loan value of IDR 130,000,000, a mortgage value of IDR 195,000,000 and the remaining loan was IDR 36,122,263. In 2017, the risk of bad credit increased significantly because there were 12 debtors who were unable to pay their debts according to the credit agreement with a predetermined mortgage guarantee. The value of the loan in 2017 amounted to Rp 816,000,000, the amount of insurance rights was Rp 1,143,500 and the remaining credit was Rp 378,134,953.
Basically, a problem arises due to several things from various aspects. Likewise, bad credit that occurs at a bank must be due to certain factors. The factors that cause bad credit include: 23 a. Bank (Creditors) The occurrence of bad credit can be caused by banks such as: 1) The bank is not careful in analyzing customer character; 2) The bank does not fully understand the customer's business; 3) Fictitious credit involving internal bank employees; 4) The bank is too sure of the customer's ability; b. Customer (Debtor) Customers can cause bad credit due to various factors such as: 24 1) Customer business has decreased; 2) The customer is not good at managing his business; 3) Bank credit is not used according to what is in the credit application; 4) Debt customers in many places; 5) The customer has family problems; 6) Credit "mask" or credit on behalf of, the name of the debtor in the credit agreement is not the one who uses the loan money. Thus, the factors that cause bad credit at the People's Credit Bank of Pura Arthakencana Jatipuro, Karanganyar Regency include: Internal factors of creditors / banks: Banks are not thorough in analyzing customer character. confident in the customer's abilities. External factors from the Debtor / Customer: The customer's business has decreased, the customer is not good at managing his business, Bank credit is not used according to what is in the credit application and fictitious credit.

Bad Credit Settlement Model Against Credit Agreements Between Creditors and Debtors
The role of the financial sector in the growth and development of a nation is undeniably very important, including in this case the presence of both conventional and Islamic banks. 26 The correct and efficient non-performing loan settlement model is the main alternative, in order to maintain bank health stability and provide business capital to the public.
Non-performing loans can be resolved in a credit administration manner, and for loans that are already at the non-performing quality stage, the handling is emphasized through several efforts that are more of a legal institution.
Credit administration settlement is as follows 27 : a. Rescheduling, namely changes in credit terms concerning the payment schedule and / or the period including the grace period, including changes in the amount of installments or not; b. Reconditioning, namely changes in part or all of the credit terms which are not limited to changes in payment schedules, time periods, and or other requirements as long as they do not involve changes in the maximum credit balance and conversion of all or part of the loan into bank participation; c. Restructuring, namely changes in credit terms in the form of additional bank funds; and / or conversion of all or part of the interest arrears into new loan principal, and / or conversion of all or part of the credit into participation in the company.
In 2018, there was also bad credit on loans tied to Mortgage guarantees, from January to October 2018 there were 13 customers who experienced bad credit. 28 After there is a sign of non-performing credit, against the non-performing loan, the Pura Arthakencana Jatipuro People's Credit Bank, Karanganyar Regency will make various efforts to save non-performing loans such as verbally reprimanding the debtor and warning the debtor to carry out the obligation to pay credit installments to return to a smooth credit line.. 29 In addition, the bank will provide a subpoena to the debtor that contains: 30 a. Notification regarding the due date of loan principal and / or interest b. An order to pay a certain amount of debt at the bank's request c. The time limit for the debtor to make payments.
If after three consecutive orders, the debtor is not in good faith to fulfill his obligations under the credit agreement, then the Arthakencana People's Credit Bank will make rescue efforts in accordance with a Bank Indonesia Circular, namely through: rescheduling, efforts to change the payment schedule. or credit period; reconditioning, changes in part or all of the credit terms which are not limited to changes in payment schedules, time periods, and / or other terms as long as they do not involve changes in the maximum balance; and restructuring, changing credit terms. 31 The However, if all the above credit rescue efforts have been taken but the debtor is still unable to pay off the debt, the Arthakencana Jatipuro People's Credit Bank, Karanganyar Regency will handle the problematic credit settlement. Handling non-performing loans can be done by seeking payment by executing collateral through cash collateral disbursement, invoicing to the guarantor, taking over collateral by the bank, selling under hand and selling collateral by auction. 33 Collateral is generally regulated in Article 1131 of the Civil Code which stipulates that all property rights of a debtor, both movable and immovable, both existing and future ones, are borne by all the engagements. 34 Thus, all the assets of the debtor are automatically guaranteed when the person makes a debt agreement even though it is not expressly stated as collateral. Collateral is a creditor's need to minimize risk if the debtor is unable to settle all obligations relating to the credit that has been disbursed. With a guarantee that if the debtor is unable to pay, the debtor can force payment for the credit he has given. 35 Thus, the settlement model for bad credit at a Rural Bank is initiated by giving a verbal summons or warning and a written warning containing notification of payment due dates, orders to pay and notification of deadlines for making payments. 36 In addition, the Pura Arthakencana Jatipuro People's Credit Bank in Karanganyar Regency will rescue bad debts by means of reschuding, reconditioning, and credit restructuring. If the credit rescue has not been successful, credit handling will be carried out through collateral execution through cash collateral disbursement, billing to the guarantor, take over of collateral by the bank, underhand sales and sale of collateral by auction.

D. CONCLUSION
Factors that cause bad credit include: Internal factors from the Creditors / Banks: Banks are not thorough in analyzing customer characteristics. External factors from the Debtor / Customer: The customer's business has decreased, the customer is not good at managing his business, the bank credit is not used according to what is in the credit application, the customer is debt in many places, the customer has family problems, "mask" credit or credit for name, the name of the debtor in the credit agreement not the one using the loan money. The settlement model for bad credit at Bank Perkreditan Rakyat is by giving a verbal summons or warning and a written warning containing notification of payment due, orders to pay and notification of deadlines for making payments. In addition, saving bad debts by means of credit reschudeling, reconditioning and restructuring. If the credit rescue has not been successful, credit handling will be carried out through collateral execution through cash collateral disbursement, billing to the guarantor, takeover of collateral by the bank, underhand sales and sale of collateral by auction.