Permatasari, Nuri (2026) PENYELESAIAN KREDIT MACET DENGAN PENGAJUAN GUGATAN SEDERHANA DIIKUTI PERDAMAIAN (Studi Kasus: Penetapan Pengadilan Negeri Ngawi Nomor 20/Pdt.G.S/2024/PN.Ngw). S1 thesis, Universitas PGRI Madiun.
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Abstract
The filing of a Simple Lawsuit based on PERMA Number 4 of 2019 and Article 271 of the Reglement op de Rechtsvordering (Rv) proved to be an effective litigation instrument in encouraging the debtor to immediately pay off all his obligations through an out-of-court settlement, so that the judge granted the revocation of the lawsuit by the plaintiff because the dispute had been resolved before the examination of the subject matter began. This study aims to provide a juridical analysis of the repayment and settlement of non-performing loans (NPLs) via the small claim procedure, specifically regarding Ngawi District Court Determination Number 20/Pdt.G.S/2024/PN.Ngw by examining the alignment of dispute resolution practices with civil procedural law, assessing the effectiveness of this application, and theoretically analyzing the withdrawal of the lawsuit following an out-of-court settlement, particularly concerning legal certainty and the binding force of a settlement not formalized as a acta van dading. The study employs an empirical-juridical research method with a descriptive-analytical nature, utilizing both analytical and case-based approaches. Data collection involved interviews and document analysis, while data analysis was conducted qualitatively. The result of this study is the resolution of the dispute between the creditor, specifically Bank BRI Ngawi Branch Office as the Plaintiff and the customer or debtor. An out-of-court settlement was reached between the parties, leading the panel of judges to grant the withdrawal of the Small Claim lawsuit. Formally, under procedural law, the withdrawal of the lawsuit aligns with the principle of mutual agreement between the parties. However, regarding the effectiveness of legal protection, the parties missed out on a procedural advantage offered by Supreme Court Regulation (PERMA) No. 2 of 2015 (in conjunction with PERMA No. 4 of 2019) on Small Claims: the option to have the settlement ratified as an acta van dading, a settlement agreement with immediate executory force, before the judge. This study suggests that the Bank BRI Ngawi Branch Office should update its standard operating procedures for resolving non-performing loans at the branch level, and that the panel of judges should substantively apply the principles of a judicial process that is swift, simple, and low-cost, rather than treating these merely as administrative aspects of case resolution
| Item Type: | Thesis/Skripsi/Tugas Akhir (S1) |
|---|---|
| Kata Kunci: | Non-performing Loan; Small Claim Suit; Settlement |
| Subjects: | K Law > K Law (General) |
| Divisions: | Fakultas Hukum > Hukum |
| Depositing User: | NURI PERMATASARI NURI |
| Date Deposited: | 07 Aug 2026 07:52 |
| Last Modified: | 07 Aug 2026 07:52 |
| URI: | http://eprint.unipma.ac.id/id/eprint/8390 |
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