PENERAPAN PRINSIP KEHATI-HATIAN DALAM PENYALURAN KUR NON AGUNAN DAN PROSES PENYELESAIAN WANPRESTASI (Studi Pada PT. Bank Rakyat Indonesia (Persero) Tbk Unit Potulando Ende)

The prudential principle is a fundamental principle in banking activities aimed
at minimizing risks in credit distribution, particularly in unsecured People’s
Business Credit (KUR Non-Collateral), which carries a higher potential for default. This study aims to examine and analyze the implementation of the prudential principle in the distribution of unsecured KUR and the mechanism for resolving debtor default at PT. Bank Rakyat Indonesia (Persero) Tbk, Potulando Ende Unit. The issues addressed include the application of the prudential principle in unsecured KUR distribution and the mechanism for resolving defaults between the bank and debtors. This research employs an empirical juridical method with a descriptive qualitative approach. Data were collected through field research, including interviews and documentation studies, supported by primary and secondary legal materials. The findings indicate that the implementation of the prudential principle is carried out through debtor feasibility analysis based on the 5C principles:
Character, Capacity, Capital, Condition of Economy, and Collateral. Default
resolution is conducted gradually by prioritizing non-litigation efforts, such as
warning letters, persuasive collection, negotiation, and credit restructuring, while litigation is pursued as a last resort if non-litigation measures fail. The study recommends strengthening post-credit supervision and reinforcing the
implementation of the prudential principle to minimize the risk of default and
ensure legal certainty for all parties