CD Skripsi

Pelaksanaan Penghapusan Utang Dengan Cara Novasi Di Perusahaan Umum Daerah Bank Perkreditan Rakyat (Perumda Bpr) Rokan Hulu

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The law of agreements adheres to an open system and the principle of consensualism. It is called an open system because in making an agreement the parties are given the widest possible freedom outside of what is specified in the Law to make an agreement as long as it does not conflict with public order and decency. Novation is a new agreement that can abolish the old agreement or can automatically cancel the debt in the old agreement. The new agreement here may replace the debtor's position with another debtor or replace the creditor with another creditor. This is explained in Article 1413 of the Civil Code, which states that Novation is an agreement, where an obligation has been cancelled and at the same time another obligation must be revived, or an existing agreement is abolished, and a new agreement immediately appears.

This research is an empirical and sociological legal research on the method of debt renewal novation and its obstacles at Perumda Bank BPR Rokan Hulu. From the research, it is concluded that at Perumda Bank Perkreditan Rakyat Rokan Hulu, the process of implementing debt relief through novation involves several carefully organised steps. First, the step begins with a submission from the debtor which will then undergo an in-depth analysis stage by the lending sector at the bank. After that, the issuance of a Novation Approval Letter is carried out. Second, the obstacle in the implementation of debt cancellation by way of novation at Rokan Hulu Rural Credit Bank is the absence of specific rules related to the terms and process of novation itself. This can be a significant obstacle because the lack of clarity in the process can cause doubts and difficulties in its implementation. In addition, the minimal level of understanding on the part of the debtor regarding the concept of novation is also one of the obstacles that needs to be overcome. Efforts to improve this understanding can be an important part of expediting the novation process. Finally, the legal culture of the community can also be an obstacle. Effective communication between the bank and the debtor is essential to ensure that the novation process runs smoothly and without significant obstacles.

Keywords: Novation, Obstacles in Novation

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Ketersediaan

Informasi Detail

Judul Seri

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No. Panggil

1809112179

Penerbit

Pekanbaru : Universitas Riau - F. Hukum - Hukum Perdana Bisnis., 2024

Deskripsi Fisik

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Bahasa

Indonesia

ISBN/ISSN

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Klasifikasi

1809112179

Tipe Isi

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Tipe Media

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Tipe Pembawa

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Edisi

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Subjek

HUKUM PERDATA BISNIS

Info Detail Spesifik

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Pernyataan Tanggungjawab

Zenny

Versi lain/terkait

Lampiran Berkas

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