PENYELESAIAN WANPRESTASI DALAM PERJANJIAN KREDIT DI BANK DENGAN JAMINAN HAK TANGGUNGAN (Studi Putusan Nomor 1377/Pdt.G/2021/PN.Tng)

Abstract

In the guarantee legal system in Indonesia, mortgages are enforced as collateral for land rights under the Indonesian legal guarantee system. Law Number 4 of 1996 concerning Mortgage Rights on Land and Objects Related to Land regulates Mortgage Rights (hereinafter referred to as the Law). Mortgage Act). The idea of specialization is one of the legal principles contained in the Mortgage Act. With Mortgage has the following features that distinguish it from other guarantee institutions if the principle of specialization is upheld. According to this principle, mortgage rights can only be imposed on known land parcels. According to the material law, only the legal owner of the item or other party who controls it can apply for it as the subject of the Mortgage guarantee. A credit agreement between a creditor and a debtor is a type of legal requirement in which the debtor imposes collateral in the form of immovable property as collateral in the form of a Mortgage. If there is default during the credit period, as an example in Decision Number 1377/Pdt.G/2021/PN.Tng. The formulation of the problem in this study includes: (1). The judge's legal considerations rejecting the plaintiff's lawsuit which is in accordance with the provisions in the Mortgage Act; (2) . What are the legal consequences of default in a credit agreement with a mortgage guarantee. There are 2 (two) objectives in this research ; 1. General Purpose: to add insight into knowledge in the field of law, especially in the scope of civil law as well as information for both authors and for other parties; 2. The specific objective is to find out and understand the types of defaults committed by recipients of people's business credit, to find out and understand what efforts are in settlement if the debtor defaults. The method used in this study is a type of normative juridical research, namely research that is focused on examining the application of rules or norms in positive law. With a statutory approach and a conceptual approach. The contributions targeted in this study are mandatory contributions in the form of national journals and additional fees in the form of journal proceedings.

Keywords: Credit Agreement, Mortgage and Default