Pembebanan Hak Tanggungan atas Tanah yang Masih Berstatus Warisan sebagai Agunan Kredit pada PT. Bank Pembangunan Daerah Bali Cabang Payangan

• Main Authors: , Nyoman Ayu Karina Susanti, , Sularto, S.H., CN, M.H.
• Format: Theses and Dissertations NonPeerReviewed
• Published: [Yogyakarta] : Universitas Gadjah Mada 2011
• Subjects: ETD
• 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
• Institution: Universitas Gadjah Mada

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.