TIDAK TERLAKSANANYA PRESTASI PADA PERJANJIAN KREDIT BANK AKIBAT PANDEMI COVID-19

Abstrak

Indonesia is currently hit by the COVID-19 pandemic. The COVID-19 pandemic has brought changes to various aspects of life, including the legal aspect, one of which is an agreement. This is also in line with the Decree of the President of the Republic of Indonesia Number 12 of 2020 concerning the Designation of Non-Natural Disasters for the Spread of Corona Virus Disease 2019 (COVID-19) as a National Disaster. The purpose of the study is to analyze the legal failure of the debtor's achievements in bank credit agreements due to the COVID-19 pandemic. The theory used is the Theory of Covenant and Theory of Justice. The research method is a normative legal research method. The approach that will be used is the statutory approach, carried out by reviewing all laws and regulations relating to the legal issues being handled. Based on the results of the study, the failure to carry out achievements by debtors in bank credit agreements due to the COVID-19 pandemic is seen as force majeure. Then the issuance of the Financial Services Authority Regulation of the Republic of Indonesia Number 11 / POJK.03/2020 concerning National Economic Stimulus as a Countercyclical Policy for the Impact of the Spread of the 2019 Coronavirus Disease. The OJK regulation is in the form of credit restructuring to provide relief to parties affected by the COVID-19 pandemic. The government must be firm in proposing policies so that not only certain banks carry out credit relaxation but all banks.