Pembebanan Hak Tanggungan dalam Pemberian Kredit Pada Lembaga Perkreditan Desa (LPD)

Abstract

In 1984, the Provincial Government of Bali issued an idea to help the pakraman village in carrying out its cultural function. With Governor's Letter Number 972 of
 1984, November 1, 1984 concerning Village Credit Institutions. This type of research is normative research, the source of legal material consists of primary and secondary legal materials. Analysis of legal materials with interpretation analysis. The results of the study show that the granting of credit to rural Credit Institutions with guaranteed mortgage rights, is set forth in a credit agreement between the LPD and the customer who is also required to get approval from adat Bendesa, in this case to apply adat sanctions when bad credit occurs. The position of adat "sanctions" is as a last resort after other efforts have not been successful with the aim that credit arrears can be repaid. In the application of strict and objective adat "sanctions", it is very necessary, because the adoption of adat "sanctions" based on the existence of nepotism elements can cause a crisis of the banjar / adat community members' trust in the existence of prajuru and awig-awig who have been highly respected and obeyed. Bali Provincial Governor Regulation No. 44 of 2017 binds to the imposition of mortgage rights in the granting of loans to the LPD that only applies to the local traditional village, in this case the LPD is a savings and loan business entity owned by the customary village. Therefore, from the very beginning in the credit agreement an effort was made to form a binding agreement according to the awig-awig of the traditional village and which appeared in the recommendations of the management. If a bad credit occurs, it can be resolved in a village paruman by imposing customary "sanctions" which are part of the power in resolving any violations or disputes that are there because of original autonomy, namely in an effort to provide legal protection for one of its assets. And bad credit customers who do not carry out the obligations as set forth in the credit agreement are imposed with confiscation of collateral that is bound by the imposition of mortgage rights for immovable property.