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Wulandari, Fitria Ajeng
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Law, Crime, Criminology & Criminal Justice Social Sciences

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Konsekuensi Yuridis Penyelesaian Kredit Macet dengan Proses AYDA (Agunan Yang Diambil Alih) oleh Bank Berdasarkan Undang-Undang Hak Tanggungan Wulandari, Fitria Ajeng
Officium Notarium Vol. 4 No. 2: NOVEMBER 2024
Publisher : Faculty of Law Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/JON.vol4.iss2.art7

Abstract

Banks often encounter obstacles in providing credit to debtors, such as bad debts. One solution to bad debts is for banks to take over collateral by purchasing the collateral and then reselling it to another party. There is a potential conflict between the Banking Law and the Mortgage Law, as the Mortgage Law only regulates collateral execution through general customers. If AYDA is carried out without an auction and without the debtor's consent, this could violate the principles of publicity and legal certainty. The type of research used is normative juridical, whose object is legal norms. The approach method used is a conceptual and regulatory approach, using primary, secondary, and tertiary legal materials collected through literature studies and analyzed qualitatively. The process of the Assumed Collateral (AYDA) can be considered null and void by law because the agreement to voluntarily hand over the collateral which is the basis for the Assumed Collateral (AYDA) does not comply with the fourth condition for the validity of an agreement as stipulated in Article 1320 of the Civil Code, namely "the existence of a lawful cause" because it is contrary to Article 12 and 20 paragraph (4) of the Mortgage Law.
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