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Legal Protection for Creditors Against Guarantees Fiducia In The People's Business Credit Agreement (KUR) That Have Not Been Registered At The AHU KEMENKUMHAM (Case Study at PT. Bank Mandiri (Persero) Tbk Bombana Branch, Southeast Sulawesi) Sam, Muhammad Iqbal; Ummu Adillah, Siti
TABELLIUS: Journal of Law Vol 2, No 4 (2024): December 2024
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

Currently, many debtors are in default in taking credit with fiduciary collateral so that many assets are sold underhand and there are also debtors who are not responsible for the collateral, thus harming the creditor. The purpose of this study is to determine, review and analyze legal protection for creditors against fiduciary collateral in people's business credit agreements (KUR) that have not been registered with the AHU Kemekumham by PT. Bank Mandiri (Persero) Tbk Bombana Branch, Southeast Sulawesi and to determine, review and analyze the legal remedies owned by creditors if the debtor is in default. This study uses analytical descriptive specifications, the approach method used is a sociological legal approach, the types and sources of data in this study use primary data and secondary data. Secondary data includes primary legal materials, secondary legal materials and tertiary legal materials. The primary data collection method uses observation and interviews, the secondary data collection method uses document studies and literature studies. The data analysis method uses qualitative analysis methods. The results of the research and discussion show that legal protection for creditors against fiduciary guarantees in people's business credit agreements (KUR) that have not been registered with the AHU Kemenkumham if the debtor defaults, with the fiduciary guarantee law is the granting of preferential rights over his receivables and then according to the provisions of Article 21 paragraph (4) of the Fiduciary Law, the results of the transfer and/or bills that arise, by law become the object of a substitute fiduciary guarantee for the object of the transferred fiduciary guarantee. With the inclusion of the value of goods or objects that are used as objects of fiduciary guarantees, if the objects used as objects of fiduciary guarantees do not exist or are not available according to what is stated in the attachment, then the recipient of the fiduciary in this case the creditor can sue the party providing the fiduciary to fulfill his obligations, namely the amount of the guaranteed value as regulated in Article 6 of the Fiduciary Guarantee Law and the legal remedies owned by the creditor after the debtor defaults, which are carried out at PT. Bank Mandiri (Persero) Tbk Bombana Branch is the settlement of its dispute. First of all, this is done by giving a warning in the form of a reprimand, then continuing by giving a warning letter to the debtor, but if the debtor still does not comply, the creditor can take further action, namely through non-litigation and litigation methods.
Analysis of Legal Protection for Debtors Regarding The Position of Using Standard Contracts in Relation To The Principle of Freedom of Contract on Bank Credit Agreement Miswanto, Sidik; Ummu Adillah, Siti
TABELLIUS: Journal of Law Vol 2, No 4 (2024): December 2024
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

This research is about "Analysis of Legal Protection for Debtors Regarding the Position of Using Standard Contracts in Relation to the Principle of Freedom of Contract" aimsto know and analyze legal protection for debtors against the position of using standard contracts in relation to the principle of freedom of contract in bank credit agreements, obstacles and how to overcome them. This study uses a sociological legal approach. Data collection is carried out through observation, interviews, literature studies and documentation. Data analysis is carried out descriptively qualitatively. The results of the study indicate that legal protection for debtors against the use of standard contracts in relation to the principle of freedom of contract in bank credit agreements includes preventive protection in the form of legal protection from the legal aspects of the agreement as stipulated in Article 1338 paragraph (1) of the Civil Code and Article 1320 of the Civil Code, aspects of consumer protection in Article 18 Paragraph (1) Letter g and letter h of the UUPK, which regulates restrictions on the use of standard clauses in credit agreements, as well as repressive protection in the form of dispute resolution options. Standard agreements have violated the principle of freedom of contract because when there is an imbalance regarding the burden imposed on the parties in the form of transferring obligations to the weaker party, the weaker party no longer has freedom, even though the principle of freedom of contract provides a guarantee of freedom to a person in matters relating to the agreement. However, in fact, if a standard agreement or contract does not violate the principles contained in an agreement or contract, then it is not a problem because in essence a standard agreement or contract is also a normal agreement or contract, the only difference is that a standard agreement or contract is provided by a party in a stronger position and cannot be changed even if the other party in the agreement wants a change or feels disadvantaged. The obstacles faced in the use of standard contracts in bank credit agreements are the prohibition on the use of standard clauses that have the potential to harm debtors or customers and the problems in the implementation of the credit agreement, namely problematic credit to bad credit. The way to overcome this is that the creation of a bank credit agreement that uses a standard contract must be carried out in accordance with the provisions of laws and regulations and strict credit analysis.