KABUPATEN BEKASI – Inforayanews.co.id, – Dalam pernyataan sebelumnya, Hotman Paris menegaskan kepada masyarakat dan perusahaan keuangan, soal kredit macet. Nasabah, kata dia, yang tak mampu bayar pinjaman, tak bisa masuk ke ranah pidana. Meski punya pinjaman dana segunung langit, lanjut Hotman, kredit macet tak masuk dalam pidana.

“Berapa pun pinjaman mu, kalau tidak bayar, tidak ada sanksi pidana. Itu perdata,” kata Hotman, dalam sebuah acara di TV yang diunggah ulang ke Instagram pribadinya.

Nasabah yang memiliki kredit macet, bila dibawa ke meja hijau, lanjut Hotman, hakim tak bisa menjatuhkan vonis kepada nasabah. “Sekalipun kau dituntut ke pengadilan mengatakan menghukum si Donald membayar utang sekian, itu tak ada sanksi pidana, murni perdata,” tambahnya.

Terhadap pendapat Hotman Paris tersebut, dibantah oleh Advokat Lucas yang berpendapat Debitur Kredit Macet Bisa Dipidana Kredit Macet  karena ketidakmampuan debitur membayar utang sesuai dengan perjanjian dengan pemberi pinjaman atau kreditur, bisa berujung pidana. membantah pernyataan pengacara Hotman Paris Hutapea soal debitur tidak dapat dilaporkan pidana kalau tidak dapat membayar utang.

“Debitur kredit macet, yang tidak membayar utang sesuai dengan perjanjian yang ada, bisa dilapor pidana,”. Menurut Lucas, pinjaman harus dapat dikembalikan tepat waktu. Kecuali, dalam proses utang dan pinjaman ada kesepakatan lain.

Secara tegas soal kreditur tidak dapat melaporkan pidana terhadap debitur yang tidak dapat membayar hutang, juga ditegaskan Lucas tidak benar. Dalam keadaan tertentu apabila pinjaman diberikan atas dasar adanya unsur penipuan (rangkaian kata-kata bohong) dan/atau adanya pemalsuan dan/atau penyimpangan, maka debitur tersebut dapat dilaporkan pidana,”

“Lalu laporan keuangan yang diberikan adalah laporan keuangan palsu dan pembayaran hutang menggunakan cek kosong,” Apabila pinjaman tersebut didasarkan dengan dokumen yang tidak benar dan debitur tersebut tidak dapat membayar, maka masalah ini masuk ke ranah pidana.  “Namun apabila pinjaman tersebut didasarkan dengan dokumen – dokumen yang benar dan debitur tersebut tidak dapat membayar hutang karena murni masalah ekonomi, maka masalah ini masuk ke dalam ranah perdata”.

Terhadap adanya pandangan kedua Advokat tersebut, Sabtu (19/02/2022) media mendatangi praktisi hukum Ulung Purnama, SH.MH. Direktur Kajian dan Bantuan Hukum (KBH Wibawa Mukti) yang berada di ruko Cortez Jababeka, desa simpangan, Kecamatan Cikarang Utara, Kabupaten Bekasi, Jawa Barat, kepada media dirinya mengatakan, “Adanya perbedaan pendapat kedua Advokat tersebut didasarkan kepada sudut pandang hukum yang berbeda terkait resiko hukum kredit macet di masyarakat, apabila ditafsirkan secara singkat pendapat Hotman Paris Hutapea suatu Perjanjian Kredit tidak bisa dipidana padahal menurut Advokat Lucas suatu Perjanjian Kredit apabila ditemukan adanya unsur kebohongan dan kepalsuan tentu saja dapat dilakukan pelaporan pidana terhadap Perjanjian Kredit tersebut, terhadap hal ini  Hotman Paris Hutapea telah melakukan klarifikasi dan menjelaskan pendapatnya tersebut”.

Dijelaskan Pengertian Kredit Macet secara umum merupakan sebuah kondisi saat peminjam atau debitur tidak lagi bisa melanjutkan pembayaran atau cicilan utang. Hal tersebut bisa terjadi karena peminjam atau debitur tidak memiliki dana cukup, mengalami pailit, mangkir dalam membayar, dan lain sebagainya.

Menurut Keputusan Bank Indonesia Nomor 30/267/KEP/DIR, Kredit Macet terjadi jika ada tunggakan angsuran pokok dan / atau bunga yang telah melebihi 270 hari, atau kerugian operasional ditutup dengan pinjaman baru, atau dalam hal hukum atau pasar ketentuan, jaminan tidak dapat dicairkan pada nilai wajar.

“Penyelamatan kredit macet dapat dilakukan dengan merujuk pada Surat Edaran Bank Indonesia No. 26/4/BPPP yang mengatur tentang penyelamatan kredit bermasalah sebelum diselesaikan melalui lembaga hukum”, jelasnya.

Perjanjian Kredit atau Perjanjian utang piutang dalam KUH Perdata tidak diatur secara terpinci, namun dapat tersirat dalam Pasal 1754 KUH Perdata, tentang Perjanjian Pinjam Pengganti, dimana dikatakan bahwa bagi mereka yang meminjam harus menggembalikan dengan bentuk dan kualitas yang sama. Tentu saja sebagai pengamanan Perjanjian Kredit dilekatkan adanya Hak Jaminan yang merupakan hak yang melekat pada Kreditor yang memberikan kewenangan kepadanya untuk melakukan eksekusi kepada benda yang dijadikan jaminan, apabila debitor melakukan wansprestasi terhadap suatu prestasi (perjanjian)”,paparnya.

Ulung Purnama, SH.MH. menambahkan, “Oleh karena itu hak jaminan tidak dapat berdiri sendiri, karena hak jaminan merupakan perjanjian yang bersifat tambahan (accessoir) dari pada perjanjian pokoknya yaitu perjanjian utang-piutang/ perjanjian kredit”.

“Namun apabila kredit Macet tersebut didasarkan adanya perbuatan yang melawan hukum baik Subjek hukum maupun objek hukum yang digunakan tidak benar tentu saja dapat dilakukan pertanggungjawaban pidana,  dan khusus  terkait adanya penggunaan keuangan negara tentu saja masuk kepada perkara korupsi, sebagaimana sekarang ini obligor telah diminta oleh Satgas BLBI untuk pengembalian kerugian keuangan negara”, tutupnya.(124y)

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