Settlement of Loans in Arrears by UsingParate Execution of Collateral Bearing Mortgage Rights

Dijan, Rr. Dijan Widijowati (2021) Settlement of Loans in Arrears by UsingParate Execution of Collateral Bearing Mortgage Rights. Journal of Futures Studies, 4 (1). pp. 159-167. ISSN 2775-9180

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Abstract

Various fields related to business always require banking services. Then the government created Law Number 10 of 1998 concerning Amendments to Law Number 7 of 1992 concerning Banking. Lending by a bank as a creditor to a customer as a debtor must be carried out with an agreement in a compact form. The important thing in a credit agreement is collateral or guarantee. Collateral in banking practice can be bound by Law Number 4 of 1996 concerning Mortgage Rights for objects related to land. The Bank believesthat material collateral in the form of land will provide a greater sense of security and legal certainty execution if the debtor fails to fulfil his promises to his obligations.Different implementations can execute objects that are the object of Guarantee Rights. The main problem is implementingbad debts byparathe execution of collateral things saddled with mortgages. How is the implementation of legal protection for creditors if there is resistance from the debtor due to the execution part's performance?This research usesa descriptive qualitative approach. The main sources in qualitative research are primary data and secondary data. Researchers collect data throughobservation and documentation.Data analysis was performed using qualitative juridical analysis methods. The conclusion obtained is that the implementation of the settlement of lousycredit through separate execution of the collateral object that is burdened with mortgage rights is to sell the bank guarantee object as a creditor in the event of bad credit. This is done to cover the debtor's obligations, Then the implementation of legal protection for creditors if there is resistance from the debtor due tothe execution of the execution Parateis to apply the provisions in Article 6 of the Mortgage Rights Law.Keywords:Bad Credit, Parate Execution, Mortgage Rights.

Item Type: Article
Subjects: K Law > K Law (General)
Divisions: PASCA SARJANA > S3-Ilmu Hukum
Depositing User: Unnamed user with email purwoagussucipto@gmail.com
Date Deposited: 16 Jul 2021 04:18
Last Modified: 16 Jul 2021 04:18
URI: http://repo.jayabaya.ac.id/id/eprint/796

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