Jurnal Konstatering
Vol 2, No 2 (2023): April 2023

Optimization of Debtor Protection in Problems Misbruik van omstandigheden What Creditors Do in The Execution of Viat Parate on Collateral Items

Tanjung, Silva Fawjiah (Unknown)



Article Info

Publish Date
14 Aug 2023

Abstract

The existence of HT agreements often creates opportunities Misbruik van omstandighedenor misuse of circumstances that often harm the debtor as a powerless party due to a low bargaining position, because the debtor is a party that needs loan funds from the creditor, one of which is in the execution of parate collateral objects. This article aims to analyze the urgency of debtor protection from Misbruik van omstandigheden which is carried out by creditors in the implementation of parate HT executions. The method used in this paper is normative juridical. Based on the analysis conducted, it can be seen that Article 6 and Article 20 of the UUHT, which are also supported by Article 1178 paragraph (2) of the Civil Code, have resulted in loopholes for misuse of circumstances or misbruik van omstandigheden by creditors against debtors in terms of implementing agreements related to the execution of mortgage collateral objects. separately. Keywords: Agreement; Creditor; Debtor.

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Journal Info

Abbrev

jk

Publisher

Subject

Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences Other

Description

Jurnal Konstatering is a peer-reviewed journal published by Master of Notary Program, Faculty of Law, UNISSULA, Semarang. Jurnal Konstatering published in four times a year they are in January, April, July and October. This journal provides immediate open access to its content on the principle that ...