EQUALIZING THE BANK POSITION AND BUSINESSES IN CREDIT AGREEMENT WITH THE GUARANTEE OF MORTGAGE

Najib Imanullah

doi:10.20961/yustisia.v0i0.12448

Abstract

<p>The Security Law, which regulates the land mortgage has significance meaning to move real sector, thus it can support the development of national economy. In this case, the traders, on the one hand, need capital for business activities, while on the other side of the capital owners seek to profit from their investment. Bank as an intermediary is required to be careful. An implementation of the precautionary principle is to have collateral for loans to businesses. One of the collateral is immovable asset (land), which is secured by the Mortgage. In practice, stipulation of mortgage is still more in favor of the bank. If this is allowed, it can be conditions that would adversely affect the parties. Thus, we need to make updates Security Law that balances position of banks and businesses, which in accordance with the attitude of mutual cooperation with based on the fundamental values which are reflected in the philosophical basis of the Indonesian nation.</p>

Highlights

There are several kind of guarantee as goods guarantee, such as : mortgage, fiduciary, pledge and warehouse receipt
In considering that the guarantee issue is really important on economic events, especially in real sector, the governments strieve to renewal the regulations about guarantee, in order to achieve the modern security law that able to contribute the certainity of regulation and development of economic sector
The provision of the hypotheek as regulated in Book II Indonesian Civil Code about land, and the provision about credietverband in staatsblad 1908-542 which already formed by Staatsblad 1937-190, according to Article 57 Law Number 5 of 1960 on Agrarian Law, still applied until the mortgage regulation is made, it might not appropriate with the credits activities, regarding to the progress of Indonesian economy

Summary

INTRODUCTION

The study on guarantee shall begins by elucidating The Civil Code Article 1131 “all movable and immovable properties of the debtor, either present or future, serve as securities for the personal obligations of the debtor. As the progress of national development in economy sector, there will be a big funding needed and a guarantee rights institution which able to serve legal certainty for any related parties, and to stimulate society contribution in development to reach prosperous, and righteous community according to Pancasila and 1945 Constitution of The Republic of Indonesia. As the improvement in the rules and rights administration about land, and in order to fulfill the community needs, besides property rights, right to cultivate, right to build which appointed as an objects of mortgage by Agrarian Law, right to use on land shall be registered, it is necessary to be charged by mortgage By those things, it is necessary to form a Regulation that regulate on mortgage along side with the goods that regulate the land, as explained in Agrarian Law, at the same time to manifest unification National Land Regulation.

PROBLEM STATEMENT

RESEARCH METHODS

DISCUSSION AND RESEARCH RESULT

Characteristics of mortgage

CLOSING