Journal of Law Justice
Vol 2 No 3 (2024): Journal of Law Justice

Analysis of Credit Guarantee Binding with Power of Attorney to Enforce Mortgage Rights

Nadya Apriliani (Unknown)
Simanjuntak, Kristi Warista (Unknown)



Article Info

Publish Date
28 Oct 2024

Abstract

This study aims to determine the legal consequences of binding credit collateral with a Power of Attorney to Enforce Mortgage Rights (SKMHT) and to find out the legal remedies that can be taken by creditors against collateral bound by SKMHT if the debtor defaults. This research was conducted using juridical-normative research with data obtained from legal materials and library materials which were then analyzed using qualitative methods. The results obtained from this research include, among others, the encumbrance of Mortgage Rights through SKMHT must be upgraded to APHT in accordance with the laws and regulations. If it is not done, the SKMHT is declared null and void and the creditor's position is not as a preferred creditor who has the right to execute the collateral object if the debtor defaults, but there are exceptions to the type of micro business credit binding that is classified as productive in Ministerial Regulation Number 22 of 2017, while the legal efforts that can be taken by creditors through litigation and non-litigation channels to obtain a legally enforceable judge's decision to be able to carry out the execution or sale process under the hands of the creditor

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Journal Info

Abbrev

jlj

Publisher

Subject

Law, Crime, Criminology & Criminal Justice Social Sciences Other

Description

Journal of Law Justice (JLJ) is a Journal of Law for information and communication resources for academics, and observers of Business Law, International law, Criminal law, and Civil law. The published paper is the result of research, reflection, and criticism with respect to the themes of Business ...