Akibat hukum jaminan dalam perjanjian kredit modal kerja konstruksi yang tidak dibebankan hak tanggungan = Legal consequences of the assurance in the construction working capital credit agreement which is not imposed by mortgage
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Institusion
Universitas Pelita Harapan
Author
Ristiana, Dana Putri
Subject
K Law (General)
Datestamp
2021-10-12 03:18:01
Abstract :
Bank is the institution that has an intermediary function to bridge the needs between units in need of funds and excess funds. One of the Bank activities to help the society develop their business is through loans in the form of working capital credit agreement. Bank act as a creditor and the party that need of being funded act as a debtor. Credit agreement requires the debtors to collateralize their property as the collateral goods to pay their debt in the future. Land is one of the collateral that is usually used as a main collateral because the value of land never go down and its never be destroyed. Mortgage can be established to secure a debt that has land as the collateral goods. The land which imposed by the Mortgage gives the preferred position for certain creditors. The purpose of this study was to explain the legal consequences if the land that is used as the collateral goods does not imposed by the Mortgage and the legal protection for Bank as a creditor who holds the bond without the preferred position. This thesis uses normative legal research with statute approach. Author uses Law Number 4 of 1996 on Encumbrance Right Over Land and Land-Related Object, Law Number 10 of 1998 on Amandment Law number 7 of 1992 on Banking and Article 1320 and 1338 The Book of Civil Code (Burgerlijk Wetboek)
Bank is the institution that has an intermediary function to bridge the needs between units in need of funds and excess funds. One of the Bank activities to help the society develop their business is through loans in the form of working capital credit agreement. Bank act as a creditor and the party that need of being funded act as a debtor. Credit agreement requires the debtors to collateralize their property as the collateral goods to pay their debt in the future. Land is one of the collateral that is usually used as a main collateral because the value of land never go down and its never be destroyed. Mortgage can be established to secure a debt that has land as the collateral goods. The land which imposed by the Mortgage gives the preferred position for certain creditors. The purpose of this study was to explain the legal consequences if the land that is used as the collateral goods does not imposed by the Mortgage and the legal protection for Bank as a creditor who holds the bond without the preferred position. This thesis uses normative legal research with statute approach. Author uses Law Number 4 of 1996 on Encumbrance Right Over Land and Land-Related Object, Law Number 10 of 1998 on Amandment Law number 7 of 1992 on Banking and Article 1320 and 1338 The Book of Civil Code (Burgerlijk Wetboek)
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