| dc.description.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.
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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. | en_US |
