THE IMPLEMENTATION OF PRUDENTIAL BANKING PRINCIPLES AND THE VALIDITY OF POWEROF ATTORNEY TO CHARGE MORTGAGE RIGHTSMADE BASED ON A SALE AND PURCHASE PRELIMINARY AGREEMENT AND POWER DEED OF SALE

Abstract

Banks carry out their business it must apply the principle of prudential in granting credit. In the High Court Decision Number 23 / Pdt / 2017 / PT YYK stated that Bank Perkreditan Rakyat Gunungkidul had violated the prudential banking principle because of the credit disbursement too fast. In addition, making a Power of Attorney to Charge of Mortgage Rights based on a Sale and Purchase Preliminary Agreement followed by a Power Deed of Sale is against the law. The research method is normativejuridica,using secondary data from libraryresearch. The application of the prudential principle of banks in extending credit is by analyzing the 5 Cs principles, namely Character, Capacity, Capital, Collateral, and Condition of Economy. So that credit disbursement that is too fast does not violate of the prudential principle. Power of Attorney to Charge of Mortgage Right whose object is still based on a Sale and Purchase Preliminary Agreement and Power Deed of Sale, based on Article 1334 paragraph (1) of the Civil Code, which relates to goods that will exist. However, after the Power of Attorney to Charge of Mortgage Rights is made, a transfer of rights must carry out by following Article 37 paragraph (1) of Government Regulation Number 24 of 1997 concerning Land Registration Juncto Article 2 paragraph (2) Government Regulation 37 of 1998 as amended by Government Regulation Number 24 of 2016 concerning Regulations for the Position Land Deed Officials so that a deed of granting mortgage rights can make.