Settlement of Defaults Made by Members of The Multi-Businesse Consumer Cooperative Al Husna Tangerang

Abstract

Abstract. This study aims to identify and analyze the resolution of defaults by members of the Al Husna Multipurpose Consumer Cooperative in Tangerang. The research approach method used in this thesis is an empirical juridical legal research method. The types of data used in this study are primary data which include the 1945 Constitution; the Civil Code; Law Number 25 of 1992 concerning Cooperatives; Law Number 30 of 1999 concerning Arbitration and Alternative Dispute Resolution; Regulation of the Minister of Cooperatives Number 9 of 2018 concerning the Implementation and Development of Cooperatives, and secondary data containing books, scientific journals, legal theories and tertiary data such as legal dictionaries. Research data collection using interview techniques and literature studies as well as direct observation or observation in the field. The data analysis method used in analyzing the data is qualitative analysis. The results of the study indicate that the settlement of default carried out by cooperative members is to make a default settlement lawsuit to the court, but the basis of the cooperative is from members to members and is founded on the principle of family, it would be more appropriate with a non-litigation method, namely settlement outside the court as regulated in Article 1 Number 10 of Law Number 30 of 1999 concerning Arbitration and Alternative Dispute Resolution. Some more appropriate non-litigation settlement methods are mediation, because it prioritizes the interests of members considering the purpose of the cooperative from members to members. The obstacles faced by cooperative members are the difficulty in paying off receivables due to Termination of Employment (PHK) in the company where the cooperative members work so that the cooperative members cannot carry out their performance properly. The solution in resolving the default of cooperative members is that if the principal savings and mandatory savings of cooperative members will be used as collateral for cooperative members when they cannot repay their loans.

Keywords: Cooperative; Default; Force Majeure; Provision of Productive Assets; Write-off.