Batulis Civil Law Review
Vol. 7 No. 2 (2026): VOLUME 7 ISSUE 2, JULY 2026

Legal Implications of Unilateral Collateral Takeover by Village Credit Institutions on Debtors' Legal Protection

Parisnawati, Dewa Ayu M (Unknown)
Novitri, Egriel Cinta (Unknown)
Wijaya, Mahatma Mustika Purwa (Unknown)



Article Info

Publish Date
31 Jul 2026

Abstract

Introduction: Village Credit Institutions are community-based financial institutions with unique legal status in Bali, operating outside the jurisdiction of microfinance institutions. Village Credit Institutions when disbursing loans, often face bad loans, which are usually handled through the Blocking Mechanism (Taken Over Collateral). However, Taken Over Collateral is often carried out by the Village Credit Institution itself without the debtor's voluntary consent, which raises serious questions about the validity of the procedure and legal protection for the debtor. Purposes of the Research: This study discusses legal protection for debtors when Taken Over Collateral is applied unilaterally, judging from the principle of good faith, and also examines the legal consequences of such practices on the debtor's legal position. Methods of the Research: This research uses a normative approach with a legislative review, concepts, and historical approaches through the examination of primary, secondary, and tertiary legal materials. Results Main Findings of the Research: The results show that the Collateral Taken Over unilaterally is a violation of the principle of good faith because it was carried out without a valid voluntary surrender deed. The legal consequence is that the takeover has the potential to be null and void from the outset and can be canceled, as well as open up the possibility of lawsuits for unlawful acts. The debtor remains the legal owner of the guarantee until the execution is carried out procedurally and legally valid.

Copyrights © 2026






Journal Info

Abbrev

ballrev

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Batulis Civil Law Review (Batulis Civ. Law Rev. -BALLREV) is a peer-reviewed journal published by the Faculty of Law at Pattimura University twice a year in May, and November. The purpose of this journal is to provide a place for academics, researchers and practitioners to publish original research ...