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Bambang Daru
Universitas Singaperbangsa

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Legal Protection of Creditors in Credit Agreements with Liability Guarantee Siti Nurjanah; Teuku Syahrul Ansari; Bambang Daru
LEGAL BRIEF Vol. 11 No. 2 (2022): Law Science and Field
Publisher : IHSA Institute

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Abstract

Credit generally functions to facilitate business activity and, especially for economic activities in Indonesia, plays a vital role in its position both for production businesses and private businesses that are developed independently because they aim to improve the community's standard of living. Banks as financial institutions that produce financial services that have helped fulfill the need for funds for economic activities by providing loans, among others through bank credit, in the form of credit agreements between creditors as lenders or credit facilities with debtors as debtors. The problem is raised in legal protection for creditors when the debtor defaults and what sanctions the creditor gives when the debtor defaults. The aim is to find out the legal guardian for creditors in credit agreements and what sanctions are given by creditors when the debtor defaults. This study uses quantitative methods, namely methods based on the philosophy of positivism. This method is used to examine a particular population or sample. Sampling techniques are generally carried out by random (data collection). Creditors obtain legal protection when the debtor defaults by Article 51 of Law Number 5 of 1960 and Law no. 4 of 1996. The creditor can impose sanctions on the debtor when the debtor defaults in Article 20 paragraph (1) of the Mortgage Law. The result of this research is that a vital guarantee right institution has been provided and can be charged to land rights, namely Mortgage Rights as a substitute for the Hypotheek and Credit Verband Institutions. For this reason, I suggest to readers in particular and society in general that we should follow the existing and applicable laws and regulations in Indonesia every time we take action.
Legal Protection for Buyer Against Buying and Selling of Land Rights Performed Under Hand Abidin Abidin; Teuku Syahrul Ansari; Bambang Daru
LEGAL BRIEF Vol. 11 No. 2 (2022): Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (848.955 KB)

Abstract

Legal institutions known in customary law are generally institutions that are needed to meet the needs of people who are still simple, so that in order to fulfill an open modern society, the institution of buying and selling land rights, for example, undergoes modernization and adjustment, without changing its nature as the legal act of buying and selling land rights with the payment of the price in cash, as well as the nature and characteristics of it as a real and clear act. A change that aims to improve the quality of evidence of legal acts carried out according to the customary law of the community which is limited in its personal and territorial scope, it is enough that the deed is made by the seller himself and known by the Village/Customary Head. The purpose of this study is to analyze, describe and provide legal protection for buyers against buying and selling land rights that are carried out under the hands. The research conducted in this paper is empirical research, using a sociological juridical approach. Based on the results of the research above regarding legal protection for buyers against those carried out on illegal sale and purchase of land rights, it can be concluded (1) the buyer does not get legal protection for the land he bought; (2) the buyer does not get legal certainty over the land he bought; (3) the buyer does not get strong evidence against the rights to the land he bought. This of course will be detrimental to the buyer who purchases land rights under his own hands. This incident is expected to raise awareness to the public, especially for buyers, when buying and selling land rights must be carried out before the PPAT so that they get protection and legal certainty for the land they buy.