This minithesis entitled Legal Force Upon Failed Debtor in Conducting
Credit Agreement Provision under Fiduciary Guarantee (Case Study : PT. Bank
Rakyat Indonesia Cik Ditiro Branch Yogyakarta) aimed to understand and collect
data of legal forces had been applied by PT. Bank Rakyat Indonesia Cik Ditiro
Branch Yogyakarta towards failed debtor caused by their values of Fiduciary
warranted goods in credit agreement provision were decreasing. The result is
dedicated to give understanding supports for Department of Business and
Economics Legal Studies, especially about legal forces upon failed debtor in
conducting credit agreement provision under Fiduciary Guarantee.
The author classified this study as an empiric legal research with induction
logical characteristic which was in accordance to the facts among society, such as
social facts and data sources gained from direct interview with keynote speakers
and respondents at PT. Bank Rakyat Indonesia Cik Ditiro Branch Yogyakarta. For
analytical method, the author used qualitative descriptive method which
systematically understanding, combining and examining collected data that will
finally lead into a conclusion.
Therefore, the author conclude for the case of Credit Agreement Provision
under Fiduciary Guarantee with heavy equipments as warranted goods, law force
execution for failed debtor by holding a public auction through KPKNL
Institution and conduct payment of the credit debt deficiency with either
installment system or hard cash is according to article 6 of Credit Agreement
Provision under Fiduciary Guarantee using general warranties; and also in
conformity with the application of article 1131 KUHP (Civil Law).