Perlindungan Hukum Kreditur Terhadap Kewajiban Debitur Dengan Hak Tanggungan Dalam Relaksasi COVID-19

Abstract

The existence of coercive circumstances has prevented the debtor from fulfilling his achievements or obligations due to the current pandemic situation which has also affected the debtor's economy to decline. In this case the debtor also cannot pay for his achievements, so the loss is on the creditor or the bank that provides credit. The formulation of the problem in this research is first, how can the COVID-19 pandemic be declared as a force majeure? Second, what is the legal protection for creditors during the COVID-19 relaxation period? The research method used is normative supported by primary data. The result of this study is the legal protection given to creditors when the debtor defaults in a credit agreement with mortgage guarantees, namely the process of binding the credit agreement with mortgage guarantees then the mortgage rights are registered at the land office. Furthermore, the land office issues a Mortgage Certificate with an irah-irah of "FOR JUSTICE BASED ON THE ALMIGHTY GOD" as proof of mortgage rights and becomes the basis of executive power. Legal protection for creditors before the pandemic and after the pandemic was only limited to existing regulations, namely Law no. 4 of 1996 concerning mortgages and the Civil Code. Currently there is no specific law that regulates creditors during the COVID-19 pandemic.