LEGAL PROTECTION OF CREDITORS IN THE EXECUTION OF LIABILITY RIGHTS DUE TO DEBTOR Default
(Analysis of District Court Decision Number 11/Pdt G/2021/PN Jbg)
Total View This Week0
Total View This Week0
Institusion
Universitas Darul ulum
Author
SUHARIANTO, ANDY
Subject
H Social Sciences (General)
Datestamp
2022-10-09 04:29:44
Abstract :
LEGAL PROTECTION OF CREDITORS IN THE EXECUTION OF LIABILITY RIGHTS DUE TO DEBTOR Default (Analysis of District Court Decision Number 11/Pdt G/2021/PN Jbg) Nama Mahasiswa : Andy Suharianto NIM : 182374201028 Pembimbing : 1. Dr. Muhammad Andri, SH., M.Hi. 2. Dr. HM. Luthfi Husni, SH., M.Hum ABSTRAC The purpose of writing this legal research is to find out whether or not the execution of mortgage rights carried out by creditors with applicable laws and regulations and knowing the legal protection of creditors in the execution of mortgages. The type of research used by the author in writing this legal research is normative legal research using a statute approach and a case approach. The sources of legal materials used are primary legal materials and secondary legal materials, from the legal materials that have been collected they are classified according to the legal issues to be discussed so that primary legal materials and secondary legal materials complement each other. Then the two legal materials are described to obtain a systematic explanation in order to obtain a comprehensive picture of all things and actions of creditors in the execution of mortgage rights.Mortgage rights are security rights that are imposed on land rights as referred to in Law Number 5 of 1960 concerning Basic Agrarian Regulations, including or not including other objects that are an integral part of the land, for the settlement of certain debts, which gives priority to certain creditors over other creditors. Although the law already regulates mortgage rights, namely Law Number 4 of 1996 concerning Mortgage Rights on Land and Objects Related to Land. However, the reality is that there are still many debtors who do not know about the procedure for carrying out the execution of mortgage rights if the debtor defaults, so cases like this are still very widespread and can slow down the economic cycle caused by bad loans due to debtors defaulting. The problem that exists is whether the execution of mortgage rights what is done by the creditor is in accordance with the mortgage law and how is the legal protection for creditors in the execution of the mortgage.Based on the results of the study, it was concluded that the procedure for implementing the auction of collateral due to default by the debtor was in accordance with the applicable laws and regulations and made the interests of creditors legal protection from the government. The advice that the author can give is that legal counseling should be given to the debtor at the time the credit agreement is made regarding the impact if the debtor defaults. and the existing legal rules regarding the execution of guarantees as legal protection for creditors must be further emphasized in their implementation. Keywords: agreement, default, legal protection, mortgage
LEGAL PROTECTION OF CREDITORS IN THE EXECUTION OF LIABILITY RIGHTS DUE TO DEBTOR Default (Analysis of District Court Decision Number 11/Pdt G/2021/PN Jbg) Nama Mahasiswa : Andy Suharianto NIM : 182374201028 Pembimbing : 1. Dr. Muhammad Andri, SH., M.Hi. 2. Dr. HM. Luthfi Husni, SH., M.Hum ABSTRAC The purpose of writing this legal research is to find out whether or not the execution of mortgage rights carried out by creditors with applicable laws and regulations and knowing the legal protection of creditors in the execution of mortgages. The type of research used by the author in writing this legal research is normative legal research using a statute approach and a case approach. The sources of legal materials used are primary legal materials and secondary legal materials, from the legal materials that have been collected they are classified according to the legal issues to be discussed so that primary legal materials and secondary legal materials complement each other. Then the two legal materials are described to obtain a systematic explanation in order to obtain a comprehensive picture of all things and actions of creditors in the execution of mortgage rights.Mortgage rights are security rights that are imposed on land rights as referred to in Law Number 5 of 1960 concerning Basic Agrarian Regulations, including or not including other objects that are an integral part of the land, for the settlement of certain debts, which gives priority to certain creditors over other creditors. Although the law already regulates mortgage rights, namely Law Number 4 of 1996 concerning Mortgage Rights on Land and Objects Related to Land. However, the reality is that there are still many debtors who do not know about the procedure for carrying out the execution of mortgage rights if the debtor defaults, so cases like this are still very widespread and can slow down the economic cycle caused by bad loans due to debtors defaulting. The problem that exists is whether the execution of mortgage rights what is done by the creditor is in accordance with the mortgage law and how is the legal protection for creditors in the execution of the mortgage.Based on the results of the study, it was concluded that the procedure for implementing the auction of collateral due to default by the debtor was in accordance with the applicable laws and regulations and made the interests of creditors legal protection from the government. The advice that the author can give is that legal counseling should be given to the debtor at the time the credit agreement is made regarding the impact if the debtor defaults. and the existing legal rules regarding the execution of guarantees as legal protection for creditors must be further emphasized in their implementation. Keywords: agreement, default, legal protection, mortgage
Download
book
BibTex
Latex, Jabref
cloud_download
Original Resource
url resource Institution
