Legal Protection Against Providers of Guarantees for Land Rights in the event of Default Debtors (Study at Bank Mandiri Bima Branch)

Dina Rahayu Eka Putri, Sudiarto Sudiarto, Aris Munandar

Abstract


In the practice of lending at Bank Mandiri, Bima Branch is found by debtors who do not have objects in the form of land rights that can be guaranteed, but banks as creditors can still channel credit due to the appearance of third parties as guarantors, where these third parties are owners of land rights the land rights as collateral for the debtor's credit. This third party is the provider of mortgages in the APHT, as stipulated in Article 8 paragraph 1 of Law No. 4 of 1996 concerning Mortgage Rights. The problem in this research is, how is the responsibility of the guarantee provider of land rights in the event of a default debtor? And how is the legal protection of the guarantee provider of land rights in the event of a debtor's performance? The purpose of this research is to know and analyze the responsibility of the giver of the guarantee of the upper right in the case of default debtors, and to know and analyze legal protection against the giver of the guarantee of land rights in the event of default debtors. This research has benefits both practically and theoretically. The research used in this study is a type of Empirical Normative legal research, and the approach in this study is the Legislative, Conceptual, and Sociological Approaches. The collaterals of land rights are responsible for surrendering the rights to the land voluntarily to the bank to be executed by the bank in the event of a default debtor. Based on preventive legal protection, the guarantee provider of land rights has been protected under the Underwriting Rights Act, contained in Article 12, Explanation of Article 6, and Article 20 paragraph (2), and based on the Bima Bank Mandiri policy, while based on refresive legal protection guarantee providers do not have legal protection because the Underwriting Law has not yet regulated refresive legal protection.

Keywords


legal Protection; Provider of Land Rights Guarantee; Default

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References


Books

Hery Shietra. (2016). Praktik Hukum Jaminan Kebendaan. Mold 1. PT Citara Aditya Bakti, Jakarta.

Johannes Ibrahim. (2004). Cross Dafault & Cross Collateral Sebagai Upaya Penyelesaian Kredit Bermasalah. Mold 1. Refika Aditama, Bandung.

M. Khoidin. (2017). Hukum Jaminan ( Hak-hak Jaminan, Hak Tanggungan, dan Eksekusi Hak Tanggungan ). 2nd print. Laksbang Yustitia, Surabaya.

Salim H.S. (2017). Hukum Kontrak Teori & Teknik Penyusunan Kontrak. Sinar Grafika, Jakarta.

Sutarno. (2014). Aspek-Aspek Hukum Perkreditan Pada Bank. 5th print. CV Alfabeta, Bandung.

Sudarsono. (2007). Kamus Hukum. Rineka Cipta, Jakarta.

Regulations

Code of Civil law.

Law No. 7 of 1992 concerning Banking;

Law No. 10 of 1998 concerning Amendment to Law No. 7 of 1992 concerning Banking;

Law No. 4 of 1996 concerning the Right to Underwrite Land and Objects Related to Land




DOI: http://dx.doi.org/10.18415/ijmmu.v6i2.751

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