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All Journal Forum Ilmu Sosial Jurnal Akta INDONESIAN JOURNAL OF CRIMINAL LAW STUDIES Legal Standing : Jurnal Ilmu Hukum Unes Law Review Kosmik Hukum Indonesian Journal of Multidisciplinary Science INJURITY: Journal of Interdisciplinary Studies Jurnal Indonesia Sosial Sains Journal Research of Social Science, Economics, and Management Jurnal Ekonomi, Teknologi dan Bisnis Jurnal Penelitian Hukum Indonesia (J-PeHI) Jurnal Pengabdian Sosial Journal of Management, Economic, and Financial
Mohamad Tohari, Mohamad
Universitas Darul Ulum Islamic Centre Sudirman GUPPI
Religion Humanities Astronomy Biochemistry, Genetics & Molecular Biology Chemistry Computer Science & IT Decision Sciences, Operations Research & Management Earth & Planetary Sciences Economics, Econometrics & Finance Education Energy Engineering Environmental Science Immunology & microbiology Industrial & Manufacturing Engineering Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Materials Science & Nanotechnology Mathematics Mechanical Engineering Neuroscience Physics Public Health Social Sciences

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Journal : Jurnal Akta

 1 
Legal Implications Due to Default by the Debtor on a Car Loan Agreement with Fiduciary Guarantee Suryandari, Wieke Dewi; Tohari, Mohamad
JURNAL AKTA Vol 11, No 1 (2024): March 2024
Publisher : Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/akta.v11i1.35907

Abstract

The purpose of this study is to determine and analyze: 1) The legal position of the strength of a car loan agreement with a fiduciary guarantee for creditors and debtors at Bank Central Asia Semarang City 2) The juridical implications of default by the debtor on a car loan agreement with a fiduciary guarantee at Bank Central Asia Semarang city. The approach method used in discussing this research problem is a sociological juridical approach. The research specification used is descriptive analytical research. This type of data uses primary and secondary data. The data analysis method used in this research is qualitative data analysis. The results of the study concluded: 1) The legal position of the strength of the car loan agreement with fiduciary guarantees for creditors and debtors at Bank Central Asia Semarang City is included in the construction of an anonymous agreement (Innominaat), as far as the contents of the agreement have met the legal requirements of the agreement as stipulated in 1320 the Civil Code, the agreement has full binding power. This is based on the provisions in Article 1338 paragraph (1) of the Civil Code which states that an agreement made legally applies as the law that made it, the BCA Finance consumer financing agreement is in accordance with Presidential Regulation no. 9 of 2009 concerning Financing Institutions. The imposition of collateral in the car purchase agreement at BCA Finance uses a fiduciary guarantee as regulated in Act No. 42 of 1999 concerning Fiduciary Guarantees, namely in the form of transferring the ownership rights to the car or the Motor Vehicle Ownership Book (BPKB) from the debtor to a consumer finance company. 2) The juridical implication due to default by the debtor on a car loan agreement with a fiduciary guarantee at Bank Central Asia Semarang City is that the creditor does not get the fulfillment of his rights that should be obtained by the existence of the agreement. When the debtor defaults, the thing that will be done by the creditor to get the debt repaid is to sell the object that is guaranteed by the debtor. Another legal consequence of this default is that the Customer may be subject to Article 372 of the Criminal Code regarding embezzlement with a criminal offense imprisonment for a maximum of four years, then Article 36 of Act No. 42 of 1999 concerning Fiduciary Guarantees carries a maximum penalty of 2 years.
The Settlement of Bad Loans and Executions on Warranty Bound in the Concept of Customer Protection Tohari, Mohamad; Dewi Suryandari, Wieke
JURNAL AKTA Vol 11, No 1 (2024): March 2024
Publisher : Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/akta.v11i1.35908

Abstract

This study aims to determine and analyze 1) How is the settlement of bad loans on guarantees tied to mortgages? PT. Bank Mandiri (Persero) Tbk, 2) How is the execution of Mortgage carried out at PT. Bank Mandiri (Persero) Tbk and. This research method uses approach empirical juridical, namely seeing the workings of law in society. The data used are primary data, namely data obtained directly from the field by conducting interviews, as well as secondary data in the form of library research. The data analysis used is a qualitative analysis which draws conclusions deductivelyf. The results of this study indicate that1) The stages carried out by PT Bank Mandiri (Persero) Tbk to resolve non-performing loans according to Bank Mandiri Credit Policy (KPBM) as outlined in the Standard Operating Procedures for Credit Collection and Recovery (SOP CCR), by dividing it into 3 (three) stages, namely: the peaceful settlement stage, the coaching stage, and the credit rescue stage. 2) Execution of mortgage right inPT Bank Mandiri (Persero) Tbk experienced several obstacles that arise, so that in practice the applicable regulations have not been effective, this is due to there is non-compliance with a rule, namely Article 11 paragraph (2) letter (j) Act No. 4 of 1996 concerning Mortgage Rights on Land and Objects Related By Land (UUHT) that is the promise that the grantor of the Mortgage will vacate the object of the Mortgage at the time of execution of the Mortgage.
Co-Authors Abdul Karim Amin Zaini, Naya Anggraeni, Hari Sri Christiyono, Thomas Carlo Denni Syafutra Ferynando, Hamka Idul Hanzah Alid Indra Saputra Iqbal Kamalludin Irfan Rizky Hutomo Jaya Waruwu, Berkat Kukuh Kharisma, Lalu Lailasari Ekaningsih Lamijan Lamijan Lamijan Lamijan, Lamijan Lina Oktavilia Maemunah, Titi Moh. Fakih, Moh. Muhdar Muhdar, Muhdar Pratami, Bunga Desyana Prayatno, Cecep Prayuda, Enggar Rahmadhani, Savira Rosida, Alfina Suseno, Jarot Jati Bagus Syafutra, Denni Tri Susilowati Umar, Achmad Jauhari Utomo, Kadar Budi Wieke Dewi Suryandari Yogi Ageng Sri Legowo