WANPRESTASI DALAM PERJANJIAN PINJAM MEMINJAM ANTARA PIHAK KOPERASI DENGAN NASABAH (Suatu Studi di Koperasi Samaturu Lepo-Lepo Kendari)

Abstract

This study aims to: 1. To find out and understand. 1. Whether the implementation of the credit agreement between the borrower and the Cooperative is in accordance with the provisions of the cooperative law? 2. To find out and understand. What efforts have been made by the cooperative against the borrower who is in default. The study was conducted at the Sama Turu Lepo-Lepo Kendari Cooperative and this study uses Normative legal data, namely explaining the problem with a theoretical aspect as a basis for thinking, then increasing to things that explain the reality obtained in the field. Furthermore, the legal aspect of proof is carried out, whether the theory is true in reality and finally a conclusion is drawn. The results of the study show that: The credit agreement given by the "Sama Turu" Cooperative as a lender without any collateral is only made or given to members. The cooperative has the view that the credit provision business is quite good and promising and clear, because the borrower is its own member and the amount of credit distributed is not large but includes micro credit for small businesses. In order to distribute the credit and to facilitate supervision and to achieve efficiency, in its implementation the credit is given with a Grouping System, namely a group of borrowers who join together to form a group to obtain Entrepreneurial Credit Facilities from Cooperative 2. Efforts made by the cooperative for borrowers who are in default are through the mechanism of summoning the Head of the Borrower Group. The summons is carried out by the cooperative as the lender with the aim of finding out the reason why the borrower has not paid off his debt through dialogue. and if persuasive efforts through rescue do not produce results, the cooperative will make further efforts by having staff from the cooperative visit the debtor's house and finally after direct collection is carried out it still does not produce results, then the action is used by the cooperative as the creditor as evidence in making a report to the police for a forced summons.