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All Journal Greenation International Journal of Law and Social Sciences Siber International Journal of Advanced Law
Arief Suryono
Universitas Sebelas Maret, Jawa Tengah, Indonesia
Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Legal Protection of Banks as Creditors in Credit Agreements with Overlapping Land Guarantees Tirsa Amadea Azarin; Jamal Wiwoho; Arief Suryono
Siber International Journal of Advanced Law (SIJAL) Vol. 2 No. 3 (2025): Siber International Journal of Advanced Law (January - March 2025)
Publisher : Siber Nusantara Review & Yayasan Sinergi Inovasi Bersama (SIBER)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/sijal.v2i3.128

Abstract

A credit agreement is an agreement between the debtor and the creditor. The creditor has the right to seize the collateral if the debtor defaults or does not fulfill his obligation to repay the debt. If it is found that the condition of the collateral object is a plot of land with multiple or overlapping certificates, the creditor needs protection to overcome this. Likewise, the debtor is responsible for replacing the lost collateral object because the collateral object is a plot of land with multiple certificates. This research is prescriptive normative research, conducted with a statutory approach and tracing legal materials using literature studies or library research. The data used is secondary data in the form of primary legal materials, secondary legal materials, and non-legal materials. The results of this study found a solution that in Article 1131 of the Civil Code states that the credit agreement binds all of the debtor's assets. Thus, if the debtor defaults and the collateral object cannot be executed, the creditor can file a lawsuit for the replacement of the collateral object followed by a collateral seizure. The debtor is also responsible for replacing the collateral, to fulfill the creditor's rights.
Legal Liability of Developers in Breach of Contract Against Consumers in House Sale and Purchase Agreements Through Mortgage Facilities (KPR) Nuha Rifda Juliansyah Putri; Albertus Sentot Sudarwanto; Arief Suryono
Greenation International Journal of Law and Social Sciences Vol. 3 No. 1 (2025): (GIJLSS) Greenation International Journal of Law and Social Sciences (March 202
Publisher : Greenation Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/gijlss.v3i1.371

Abstract

The sale and purchase of houses using Mortgage Credit Facilities (KPR) is economically beneficial for the public, especially for those with limited financial capacity. However, the issue of developers breaching contract in such transactions has become a recurring problem and needs to be addressed in the context of consumer protection in Indonesia. This research discusses the forms of breach of contract committed by developers that result in losses for consumers. The main focus is the protection for consumers who suffer losses due to breach of contract in house sale and purchase agreements through mortgage facilities. The research method used is normative juridical legal research with a descriptive-analytical approach. Data collection techniques include literature review and legal document analysis. The results of the research indicate that the legal relationship established between the consumer, developer, and bank creates rights and obligations for each party. When a developer breaches the contract, consumers are entitled to legal protection as regulated in Law Number 8 of 1999 on Consumer Protection and the Indonesian Civil Code (KUHPerdata). Based on the developer’s legal liability for the losses suffered by consumers, legal remedies may include claims for material and immaterial damages. The Consumer Protection Law and Civil Code provide a relevant legal framework for handling such cases.
Legal Protection of Banks as Creditors in Credit Agreements with Overlapping Land Guarantees Tirsa Amadea Azarin; Jamal Wiwoho; Arief Suryono
Siber International Journal of Advanced Law (SIJAL) Vol. 2 No. 3 (2025): Siber International Journal of Advanced Law (January - March 2025)
Publisher : Siber Nusantara Review & Yayasan Sinergi Inovasi Bersama (SIBER)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/sijal.v2i3.128

Abstract

A credit agreement is an agreement between the debtor and the creditor. The creditor has the right to seize the collateral if the debtor defaults or does not fulfill his obligation to repay the debt. If it is found that the condition of the collateral object is a plot of land with multiple or overlapping certificates, the creditor needs protection to overcome this. Likewise, the debtor is responsible for replacing the lost collateral object because the collateral object is a plot of land with multiple certificates. This research is prescriptive normative research, conducted with a statutory approach and tracing legal materials using literature studies or library research. The data used is secondary data in the form of primary legal materials, secondary legal materials, and non-legal materials. The results of this study found a solution that in Article 1131 of the Civil Code states that the credit agreement binds all of the debtor's assets. Thus, if the debtor defaults and the collateral object cannot be executed, the creditor can file a lawsuit for the replacement of the collateral object followed by a collateral seizure. The debtor is also responsible for replacing the collateral, to fulfill the creditor's rights.
Co-Authors Albertus Sentot Sudarwanto Jamal Wiwoho Nuha Rifda Juliansyah Putri Tirsa Amadea Azarin