PERLINDUNGAN HUKUM TERHADAP KREDITUR PEMEGANG HAK TANGGUNGAN ATAS UPAYA PIHAK KETIGA UNTUK MELETAKAN SITA

SAHAL AFHAMI, (2021) PERLINDUNGAN HUKUM TERHADAP KREDITUR PEMEGANG HAK TANGGUNGAN ATAS UPAYA PIHAK KETIGA UNTUK MELETAKAN SITA. Jurnal Penegakan Hukum Indonesia (JPHI), 2 (2). pp. 315-335. ISSN E-ISSN: 2746-7406

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Abstract

Banking institutions as a financial institution operate and collect funds
from the public in the form of deposits and distribute them to the
public in the form of credit or other forms, of course, are closely
related to the risks that occur. The main risk in providing credit is bad
credit. Given this risk, banks in providing credit are not only based on
binding credit agreements, but often also require accessor
agreements in the form of material guarantees. The material
agreement that is often required in the granting of credit in large
amounts is the binding of mortgage rights on land and or buildings.
However, in fact, even though the mortgage has been installed at the
time of bad credit, there is often resistance from the debtor or the
owner of the guarantee and even a third party that the debtor has
planned so that a confiscation can be placed on an object that has
been encumbered with a mortgage in order to hinder or stop the
execution. The problems that we raise are how legal protection is and
how efforts can be made if there is resistance or attempts to place
confiscations on mortgage objects to interfere with the auction. The
type of legal research used is doctrinal research, with a statutory,
conceptual, and comparative approach. From the research, it was
found that the provisions of Law Number 4 of 1996 concerning
Mortgage Rights and other provisions have provided legal protection
to mortgage holders for efforts to place confiscations, in addition
creditors holding mortgages can also intervene or file resistance
claims in case between the owner of the collateral and a third party
requesting the placement of the confiscation.
Keywords : Legal Protection, Mortgage Rights, Security Seizure

Item Type: Article
Subjects: K Law > K Law (General)
Depositing User: nurul lutfa khafidho
Date Deposited: 11 Oct 2021 06:38
Last Modified: 11 Oct 2021 06:38
URI: http://repository.undar.ac.id/id/eprint/1515

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