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All Journal Legal Standing : Jurnal Ilmu Hukum JURMA : Jurnal Program Mahasiswa Kreatif
Lubis, Raihanah Erwina
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Computer Science & IT Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Public Health Social Sciences

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Implementation of the Principle of Publicity in the Charge of Mortgage Guarantees Lubis, Raihanah Erwina; Harahap, Mhd. Yadi; Alya, T. Damara; Ananda, Aura Balqis
Jurma : Jurnal Program Mahasiswa Kreatif Vol 8 No 2 (2024): DESEMBER
Publisher : LPPM UIKA Bogor

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Abstract

Legal principles are the initial foundation for the formation of a law. In Law no. 4 of 1996 concerning mortgage rights is also based on legal principles that prioritize rights, which of course aims to realize equal rights. Implementation of the Principle of Publicity in Charging Mortgage Guarantees is an important aspect that supports transparency and legal certainty in financial transactions involving collateral objects. The principle of publicity, which requires the registration of mortgage rights to be recognized and enforced against third parties, is the main pillar in the property guarantee system in Indonesia. The question that arises is what is the aim of applying the principle of publicity in the imposition of collateral law. Through normative methods with document analysis and literature study, this writing reveals that even though the principle of publicity has been confirmed in Law no. 4 of 1996 concerning Mortgage Rights over Land and Objects Related to Land, there are still challenges in practice, such as administrative problems and information accessibility. This article concludes that improving the registration system and increasing access to public information is the main key to overcoming these challenges, as well as strengthening the principle of publicity in the imposition of mortgage guarantees in Indonesia. The proposed policy and practice recommendations are expected to help increase legal certainty and efficiency of financial transactions related to property collateral.
Pelaksanaan Restrukturisasi Kredit terhadap Penyelesaian Perjanjian Kredit Perbankan Lubis, Raihanah Erwina; Budhiawan, Adlin
Legal Standing : Jurnal Ilmu Hukum Vol. 9 No. 5 (2025): Legal Standing
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v9i5.12318

Abstract

This study discusses the implementation of credit restructuring in the settlement of banking credit agreements in Indonesia. Credit restructuring is a corrective effort undertaken by banks for debtors experiencing difficulties in fulfilling their obligations, as regulated in the Financial Services Authority Regulation (POJK) No.11/POJK.03/2015 and No.40/POJK.03/2019, as well as Bank Indonesia Regulation No.14/15/PBI/2012. The research employs a descriptive analytical method, which involves detailed explanations of the topics under discussion The research was conducted at a state-owned bank in Indonesia, which is kept confidential to protect the institution’s privacy. The legal materials used consist of primary and secondary legal sources; primary materials include statutory regulations arranged hierarchically and legally binding in society. The results indicate that the implementation of restructuring involves multiple stages, ranging from credit monitoring, feasibility analysis, to the formulation of the restructuring agreement as part of efforts to rescue problematic credit. Restructuring may involve interest rate reductions, term extensions, principal or interest arrears reductions, additional credit facilities, or conversion of credit into equity participation. Findings also reveal that open communication, transparency, and good faith between debtor and creditor are key to successful restructuring. Furthermore, the success of restructuring is measured by smooth installment payments after restructuring, while failure may result in collateral auction. This study is expected to provide both conceptual and practical contributions to the development of banking law and enhance public understanding of rights and obligations in credit restructuring.
Co-Authors Alya, T. Damara Ananda, Aura Balqis Budhiawan, Adlin Harahap, Mhd. Yadi