Pertanggungjawaban Hukum Pinjam Nama Atas Perjanjian Kredit Usaha Rakyat (KUR) di Bank Rakyat Indonesia Kantor Cabang Ruteng Kabupaten Manggarai

Abstract

The People's Business Credit (KUR) program is a government policy aimed at expanding access to financing for micro, small, and medium enterprises (MSMEs). However, in practice, various problems arise, including the practice of borrowing names in credit applications, which can lead to legal disputes and non-performing loans. This study aims to analyze the legal liability in the practice of borrowing names in People's Business Credit (KUR) agreements at Bank Rakyat Indonesia (BRI) Ruteng Branch and examine the efforts to resolve non-performing loans resulting from such practices. The research uses an empirical juridical method with data obtained through interviews and literature studies. The findings indicate that the practice of borrowing names generally occurs due to administrative limitations, lack of legal awareness, and social relationships based on trust. Legally, responsibility for credit repayment remains with the debtor whose name is formally registered in the credit agreement, as stipulated in Article 1320 and Article 1338 of the Civil Code. When default occurs, the debtor remains liable to the bank even though the credit funds are used by a third party. Settlement of such disputes is generally conducted through deliberation and credit restructuring mechanisms such as rescheduling, credit supplementation, and restructuring in accordance with applicable regulations. Therefore, strengthening legal awareness and improving supervision in credit distribution are essential to minimize the risk of credit default caused by the practice of borrowing names.