EFEKTIFITAS GROSSE AKTA PENGAKUAN HUTANG DALAM PRAKTIK PEMBERIAN KREDIT PERBANKAN

Riyo Wuryanto, S351208050. Effectiveness of Grosse Deed of Debt Acknowledgment in the Practice of Banking Credit Provision. The Faculty of Law, Sebelas Maret University. The objectives of this research are to describe: (1) Describe the process of the incidence of Grosse deed of recognition of debt in the practice of banking credit and (2) the effectiveness of gross deed of debt acknowledgment in the practice of banking credit provision for the settlement of credit problems when a debtor commits breach of contract. This research used the doctrinal descriptive research method. The sources of the data were primary law materials i.e. those related to laws, government regulations, Civil Law Code, and contract-related regulations; secondary law materials i.e. those which explain the primary law materials, namely: results of researches, articles, references, and other information media; and tertiary law materials i.e. supporting law materials which provide directions and explanations on the secondary law materials such as legal dictionary, general dictionary, legal magazines, and journals. The result of the research shows that the debt acknowledgments drawn up by Banks in Surakarta are parts of loan agreements between banks and their customers. A letter of loan agreement is a consensual agreement materialized in the form of “Credit Approval Letter (SPPK)”, namely: an approval letter drawn up by a bank to provide credits with all requirements to prospective debtors. When a prospective debtor agrees to the agreement and its requirements, the loan agreement and its ancillary documents which include credit bonding, debt acknowledgment, and powers of attorney is then drawn. The form of debt acknowledgement in the credit agreement deed, which is made under the notarial deed and which includes its executorial power is an authentic deed which contains money debt acknowledgement but does not contain credit interest, credit promises, etc. contained by a credit agreement. In the banking practices in Surakarta, the execution of grosse deed of debt acknowledgment is rarely done because both debtors and creditors prefer to settle the difference amicably. In addition, most of the debt problems are settled through credit rescue strategies, namely: (1) credit rescheduling, (2) credit reconditioning, and (3) credit restructuring. The grosse deed of debt acknowledgment has until today, been viewed still effective for the loan problem settlement because the grosse deed of debt acknowledgment is an authentic deed which has the same executorial power as the judge’s permanent legal force verdict has. Keywords: Debt Recognition Act, grosse deed, banking credi