| Summary: | This study is intended to reveal the risk faced by Bank Rakyat Indonesia
Of Cangkringan Unit if force majeure occurs in the People Business Credit (KUR)
agreement implementation and the legal action which is done by Bank Rakyat
Indonesia of Cangkringan Unit side if force majeure occurs in the People Business
Credit (KUR) agreement implementation.
This is an empirical juridical study. The data used in this research is
primary and secondary data. The primary data were obtained from the field
research by using interview guide whereas the secondary data were obtained by
literary research. The data analysis technique is using descriptive qualitative
analysis.
The results of this study is the risk in the event of force majeure on the
implementation of KUR by Bank Rakyat Indonesia of Cangkringan Unit is borne
by the Bank Rakyat Indonesia of Cangkringan Unit. The bank can not sue for
damages to the debtor, and debtor in this case can not be blamed because of force
majeure occurs unexpectedly creditors and debtors and not provided for in
previous agreements. Risk borne by the bank can not be transferred to the debtor.
This is in accordance with the provisions set forth in Civil Code Section 1245.
Efforts made by the Bank Rakyat Indonesia of Cangkringan Unit in the event of
force majeure on the implementation of the agreement People's Business Credit
(KUR) is based on the provisions of PBI can No.8/15/PBI/2006 restructuring
efforts for the affected credit but still have good prospects and the credit is
determined by the restructuring of collectibility smoothly, raising the asset quality
assessment using a single pillar, namely the timely payment of which is normally
only to the credit of Rp. 1 billion to 5 billion of credit-related special disaster area,
it is possible to give additional new credit facility as necessary to affected debtors.
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