ANALISIS YURIDIS TERHADAP PELAKSANAAN PERJANJIAN PENGAMBILAN KREDIT UANG TANPA JAMINAN KHUSUS BAGI ANGGOTA DI KOPERASI PEGAWAI NEGERI REPUBLIK INDONESIA WANA LESTARI JEMBER

Abstract

Saving-loan Cooperation (Koperasi Simpan Pinjam) is one of the most popular cooperation found in our daily life. This cooperation plays a great role in supplying a financial credit. It collects the fund from the compulsory contribution of its members and distributes the collected fund to the members as well as to the public. It is still possible that Saving-loan Cooperation grows independently because the development of cooperation in Indonesia is dominated by Saving-loan Cooperation. Furthermore, the application of loan to the Saving-loan Cooperation can be done either with common guarantee or without a special guarantee. In conjunction with this condition, the writer is interested in writing a thesis entitled, “Juridical Analysis against the Realization of Financial Credit (Loan) without a Special Guarantee for the Members of Wana Lestari Indonesian State Civil Worker Cooperation of Jember”. Based on the background of the study above, the problem to discuss of this thesis can be formulated as follows: how the realization of financial credit (loan) without a special guarantee for the members of Wana Lestari Indonesian State Civil Worker Cooperation of Jember, the right of the member, and the solution in case of being credit stuck. The objective of this thesis is to investigate and analyze the realization of financial credit (loan) without a special guarantee for the members of Wana Lestari Indonesian State Civil Worker Cooperation of Jember. The thesis applies statute approach which is conducted by applying all codes in relation with the topic of this thesis. The data are collected both from the library study and the field study. The next step is to analyze the data prescriptively, that is the application of law norms as the reference of human behaviors so that it causes the expected harmonious communication. The juridical normative analysis using prescriptive approach also means as the analysis of juridical cases based on the law objective, justice value, the validity of law norms, law concepts and law norms. xv

The mechanism of taking a financial credit without a special guarantee for the members of Wana Lestari Indonesian State Civil Worker Cooperation of Jember does not set something as a guarantee. The amount of the member’s salary which should be enough to pay the installment of his loan is only considered as the requirement not the guarantee of receiving the credit. It means that the salary cannot be seized and sold out at the auction to repay his/her loan. The realization of financial credit without a special guarantee causes the right and obligation of the debtor. The debtor is obligated to repay the loan plus 1.25 % monthly interest of his financial credit. If the financial credit runs well, he has a right to reapply another loan by the condition that the previous the financial credit has been paid six times installment. In this stage, the creditor will consider the new loan if the rest of the previous loan can be repaid by the money from a bank with lower interest rate. If the financial credit repayment is stuck, the debtor is unable to repay, the problem will be solved either internally or by law. It is hoped that every debtor can fulfill all the requirements stated by cooperation, which in turn, will support the credit run properly. This will also reduce the possibility of being credit stuck.