Analisis Sita Jaminan Perjanjian Kredit (Studi Terhadap Wanprestasi di Apartemen Kedoya Elok

Nugroho, Yeppy Dwi and , Darsono, S.H.M.H. (2020) Analisis Sita Jaminan Perjanjian Kredit (Studi Terhadap Wanprestasi di Apartemen Kedoya Elok. Skripsi thesis, Universitas Muhammadiyah Surakarta.

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Abstract

The purpose of the collateral seizure research due to default in the credit agreement, is: a) To find out the contents of the apartment loan agreement with collateral; b) To find out the settlement of defaults on the apartment loan agreement with collateral. The method used in this research is the normative method. This type of research is descriptive, which is to describe clearly the seizure of collateral due to default on the credit agreement. Based on the results of research on the contents of the apartment loan agreement, the authors analyze that the beginning of the apartment loan agreement made by the customer with the bank is that the customer must submit several conditions in the form of identity, salary slip, taxpayer identification number. This is part of the conditions for the validity of the agreement as explained in Article 1320 KHUPerdata, the agreement is said to be valid if it fulfills 4 (four) conditions, including: a) the agreement of those who bind themselves; b) ability to act to make an agreement; c) the existence of a particular object or thing and; d) a lawful cause.The contents of the apartment loan agreement between the customer and the bank are several obligations imposed on the customer or debtor which are part of the Sun Servanda Pacta Principle explained in Article 1338 Paragraph (1) of the Civil Code namely "all agreements made legally apply as a law for those who make it" .Cases that occur related to apartment loan agreements are rather than broken promises or better known in the legal field, namely defaults. The term default is taken from the language of default which means bad (negligence or neglect). Default can be interpreted as a condition due to wrongdoing or negligence committed by one of the parties to the agreed agreement. Default is the implementation of obligations that are not timely or done accordingly. Article 1236 of the Civil Code explains that "the debtor is obliged to provide compensation, loss and interest to the debtor, if he has brought himself in a state of being unable to surrender his object or not properly taking care of it to save him". The execution of the mortgage collateral auction auction which, carried out by the State Receivables Affairs Committee (PUPN) and the State Auction Receivables Service Office (KP2LN) is within the juridical framework of Law Number 49 Prp of 1960 which still refers to Law Number 4 of 1996. Therefore, an assessment of the execution of the Mortgage Rights auction is based on the PUPN Law, a solution that can be carried out by PUPN / KP2LN, and forms of legal protection for the auction winner from the collateral bound, Mortgage Rights in connection with the settlement of bad loans.

Item Type:	Karya ilmiah (Skripsi)
Uncontrolled Keywords:	agreement, apartment credit, settlement apartment credit default
Subjects:	K Law > K Law (General)
Divisions:	Fakultas Hukum > Hukum
Depositing User:	YEPPY DWI NUGROHO
Date Deposited:	09 Nov 2020 01:59
Last Modified:	09 Nov 2020 01:59
URI:	http://eprints.ums.ac.id/id/eprint/87013

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