ANALISIS PERLINDUNGAN HUKUM BAGI KREDITUR ATAS PENETAPAN EKSEKUSI PERJANJIAN KREDIT DENGAN JAMINAN HAK TANGGUNGAN PADA PT.BANK RAKYAT INDONESIA

Abstract

Credit position in the business world should receive legal protection from a
strong guarantee institution and can provide legal certainty for all interested
parties regulated in a special regulation on it. The process of providing credit with
collateral often occurs that the creditor is harmed when the debtor defaults. In fact,
creditors holding Dependent Rights have the right to sell the guarantee on their
own power if the debtor defaults as stipulated in Article 6 of Law No. 4 of 1996.
However, in practice there is often resistance on the part of the executed debtor,
thus hindering the execution of the Right of Dependent.The purpose of the study
is first, legal protection for creditors for the determination of credit agreement
execution. Second, the guarantee of the rights of dependents and the interpretation
of execution based on the provisions of the Law on Rights of Dependents
This type of research can be classified into normative types of research. By
focusing on the scope of legal principles. This research uses data sources in the
form of basic norms, basic regulations and laws and regulations from primary data
and archives of execution case files from secondary data, and data collection
techniques are carried out by library reasearch.
From the results of the study, it can be concluded that the creditor's legal
protection for the determination of the execution of credit agreements with
collateral is that the Certificate of Liability has an Executive Title as stipulated in
Article 14 paragraph (2) of Law No. 4 of 1996, so that creditors have full power to
execute the guarantee and get full debt repayment if the debtor defaults. The
interpretation of the provisions of the article in Law Number 4 of 1996 is to give
the right to sell the object of the Dependent Rights on their own power (parate
executie) through auction without asking for assistance from the Court, and even
though the object of the Dependent Rights has moved into the property of other
parties, creditors can still exercise their rights to exercise their rights If the debtor
defaults.
Keywords: Creditor - Debitor - Legal protection