Pembebanan Hak Tanggungan atas Tanah yang Masih Berstatus Warisan sebagai Agunan Kredit pada PT. Bank Pembangunan Daerah Bali Cabang Payangan
This study aims to determine the basis of philosophical, sociological and juridical accept the imposition of a bank mortgage on the land that was inherited as collateral credit status, to determine the implementation process of the execution of the mortgage collateral if the debtor defaults. This re...
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| Main Authors: | , |
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| Format: | Theses and Dissertations NonPeerReviewed |
| Published: |
[Yogyakarta] : Universitas Gadjah Mada
2011
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| Subjects: | |
| Online Access: | https://repository.ugm.ac.id/90927/ http://etd.ugm.ac.id/index.php?mod=penelitian_detail&sub=PenelitianDetail&act=view&typ=html&buku_id=53682 |
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| Institution: | Universitas Gadjah Mada |
| Summary: | This study aims to determine the basis of philosophical, sociological and
juridical accept the imposition of a bank mortgage on the land that was inherited
as collateral credit status, to determine the implementation process of the
execution of the mortgage collateral if the debtor defaults.
This research has juridical normative character. The data used in this study
are primary data and secondary data. Primary data obtained through field research
by way of interviews with respondents and informants, while the secondary data
obtained from primary legal materials and secondary obtained through library
research. The data have been collected and analyzed qualitatively made in the
report is descriptive.
The results showed that its philosophical basis is that the bank will accept
for credit as long as there are items that serve as collateral, is the sociological
basis of society in Payangan only has the one asset that is still a legacy of land.
Because in dire need of credit then the asset is used as collateral. Juridical basis
was not regulated in Bills No. 4 of 1996 on Mortgage, but the PT. Bank
Pembangunan Daerah Bali branch of Payangan implicitly referring to Article 8
paragraph (1) and Article 8 paragraph (2) and Article 11 paragraph (1) letter e
Law No. 4 of 1996 on Mortgage. Additionally juridical basis can also be seen in
Article 2 of Regulation of State Minister for Agrarian Affairs / Head of National
Land Agency No. 5 of 1996 on Mortgage. Not forgetting the Bank has always
relied on the Board of Directors of Bank Indonesia Decree No. 27/16/Kep/Dir and
SEBI. 27/17/UPPB dated March 31, 1995 on Guidelines for Development Policy
Lending (PPKPK) and Credit Policy Manual PT. Bank Pembangunan Daerah
Bali branch of Payangan. Execution if the debtor defaults mortgage using the sales
under hands. It based on Bills Number 4 of 1996 on Mortgage, article 20
paragraph (2). The reason for the selection of execution under the hand due to the
sale of mortgage executed under the hand more profitable than the execution
through the Auction Office in terms of price. |
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