Legal Protection for the Creditor as the Mortgage Holder for Granting Loan Using Collateral Land and Building Against Bad-Loan Debtor

Alfi Hidayat, Sukanda Husin, Ulfanora Ulfanora

Abstract


The writing of this article is based on a research that aims to analyze and identify the application of prudential banking principles in loan agreement by the bank as creditor for granting loans using collateral land and building as well as to analyze and describe legal protection for creditor as the mortgage holder for granting loan using collateral land and building against bad-loan debtor. The method used is normative legal research using statute and conceptual approaches. Based on the results of the study, mortgage certificate has a permanent, executorial and legal force. It has an executive force that is equivalent to a court decision that has permanent legal force and applies as a substitute for grosse acte hypotheek as long as it concerns land rights. To secure the loan granted to the debtor, the mortgage certificate holder, especially the Bank, has received legal protection in the form of a droit de preference (having precedence rights over other creditors), droit de suite, the ease of auction. In this case, the mortgage object is protected from bankruptcy and it cannot be divided into mortgage objects.


Keywords


Legal Protection; Loan; Mortgage.

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References


Books

Daeng Naja, Loan Law and Bank Guarantee, (Bandung: Citra Aditya bakti, 2005), page 293

Djoni S. Gazali & Rachmadi Usman, Banking Law, (Jakarta: Sinar grafika, 2012), page 271

Djuhaendah Hasan and Salmidjas Salam, Legal Aspects of Individual and Material Collateral Rights, Jakarta, 2000, page 210

Maria Darus Zaman, Bank Loan Agreement, Penerbit Alumni, Bandung, 1980, page 121

Mohammad Machfudh Zarqoni, Rights to Land Acquisition, Origin and Derivatives, and Relation to Legal Guarantee and Property Right Protection, Prestasi Pustaka Publisher, Jakarta, 2015, page 57

Soerjono Sukanto, Introduction to Legal Research, University of Indonesia: Jakarta, 2007, page 15

Urip Santoso, Registration and Transfer of Land Rights, First Edition, First Print, Kencana Prenada Media Group, Jakarta, 2010, page 408

Law

Article 8, Law No. 10 of 1998 concerning Amendment to Law No. 7 of 1992 concerning Banking, State Gazette of the Republic of Indonesia of 1998 No. 182.

Bank Indonesia Circular Letter No. 26/4/BPPP on May 19, 2015




DOI: http://dx.doi.org/10.18415/ijmmu.v6i3.902

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