PERTANGGUNGJAWABAN HUKUM PINJAM NAMA ATAS PERJANJIAN KREDIT USAHA RAKYAT (KUR) PADA BANK RAKYAT INDONESIA UNIT AMBUNTEN

In the implementation of the Kredit Usaha Rakyat (KUR), there are several legal issues that arise, one of which is applying for KUR under someone else's name or borrowing a name. This study aims to determine the legal accountability that can be borne by the nominal giver in the borrowing agreement and efforts to resolve
borrowing name issues in the Kredit Usaha Rakyat (KUR). The method in this study is empirical legal research with a socio-legal juridical approach. The results show that the legal accountability arising from the borrowing name issue is that the debtor or the party lending the name must be responsible in the event of default by a third party because the debtor's name is recorded in the Debt Acknowledgment Letter at the Bank. Thus, the form of legal accountability that must be carried out by the debtor is to demand the fulfillment of obligations and pay damages caused by default by the third party. In addition, the efforts made by the Bank to resolve borrowing name issues are through negotiation or settlement. Negotiations are conducted by the parties involved, and the creditor or bank acts as a mediator between the debtor and the third party by providing advice in accordance with the provisions of Article 26 paragraph (4) of Ministerial Regulation Number 1 of 2023, which states that in the event of problem loans, extensions, supplements, and credit restructuring can be carried out.