Fidya Maya Septiana Wulandari, . (2025) ANALISA TANGGUNG JAWAB PERSEROAN PERORANGAN USAHA MIKRO KECIL MENENGAH (UMKM) TERHADAP PINJAMAN KREDIT PERBANKAN. Skripsi thesis, Universitas Pembangunan Nasional Veteran Jakarta.
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Abstract
This study examines the legal responsibilities of Micro, Small, and Medium Enterprises (MSMEs) in applying for bank loans, particularly through the legal form of a Sole Proprietorship Company. In such a structure, the single founder bears full personal liability for all legal and financial obligations undertaken in the name of the company. Bank loans to MSMEs are subject to specific terms and interest rates, as stipulated in electronic agreements governed by applicable laws and regulations. Defaults in fulfilling these agreements are considered acts of negligence by the MSME owner, which may result in financial losses and reputational damage to the Sole Proprietorship. The research focuses on two primary legal questions: (1) how legal certainty is guaranteed for MSMEs that engage in borrowing activities with banks, and (2) how legal liability is applied to MSMEs in relation to their bank loan obligations. This study adopts a normative legal research method, utilizing statutory approaches supported by case studies, academic literature, and prior legal scholarship. Findings reveal that legal oversight of MSMEs in loan-related activities lies solely with the sole owner. In cases of contractual default, the Financial Services Authority (OJK) may hold the owner fully accountable. This oversight operates independently from external interference, including from the government, in accordance with the OJK Law, which mandates accountability to both the Audit Board of the Republic of Indonesia (BPK) and the House of Representatives (DPR). Furthermore, MSME legal responsibility may be fulfilled through (a) negotiation of repayment terms with the bank, or (b) voluntary liquidation of the MSME’s assets to satisfy outstanding obligations. Should these methods fail, enforcement will proceed based on collaborative decisions among the bank, Bank Indonesia, and OJK. This study recommends (1) the issuance of specific regulatory frameworks to govern internal supervision by MSME owners in credit transactions, and (2) revisions to Law No. 20 of 2008 to explicitly regulate the legal consequences and liability mechanisms in cases of MSME default.
| Item Type: | Thesis (Skripsi) |
|---|---|
| Additional Information: | [No. Panggil : 1910611040] [Pembimbing : Suherman] [Ketua Penguji : Iwan Erar Joesoef [Penguji 1 : Satino] [Penguji 2 : Suherman] |
| Uncontrolled Keywords: | MSMEs, Legal responsibility, Bank credit, Sole proprietorship, Legal certainty, OJK |
| Subjects: | K Law > K Law (General) |
| Divisions: | Fakultas Hukum > Program Studi Hukum (S1) |
| Depositing User: | FIDYA MAYA SEPTIANA WULANDARI |
| Date Deposited: | 21 Aug 2025 08:50 |
| Last Modified: | 21 Aug 2025 08:50 |
| URI: | http://repository.upnvj.ac.id/id/eprint/39344 |
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