Collateral Object Research Articles

Implementation of Legal Protection for Creditors for Defaulting Customers with Motorized Vehicle Ownership Book Guarantees

A customer who defaults on a credit agreement basically harms the creditor. The purpose of this research is to explore the implementation of legal protection for creditors for customers who default on credit agreements by guaranteeing Motor Vehicle Ownership Books. The type of research used is empirical juridical with field studies at PT. BPR Bank Pasar Bhakti Sidoarjo. The results of the study show that the implementation of legal protection includes preventive legal protection and repressive legal protection. Guaranteed motorbike taxis will be burdened with fiduciary guarantees which are used as a form of legal certainty and can protect creditors when bad credit occurs. Repressive legal protection taken in resolving bad credit disputes is by credit restructuring first. If it is not successful, the creditor executes the collateral object which will later be sold privately to pay off the debtor's debt to the creditor.

Legal Certainty on the Execution of a Fiduciary Whose Movable Object Has Been Transferred to Third Parties

The debtor does not have the legality or rights before the law to transfer the fiduciary guarantee object to a third party and the transfer of the fiduciary guarantee object without the approval of the creditor becomes invalid. This compensation is because the debtor has committed an unlawful act, therefore it requires innovation or renewal debt in this case the old debt is removed and replaced with a new debt in accordance with Chapter 1413 Civil Code. Fiduciary Guarantee Act Should provide more specific arrangements regarding the position of objects that have been made object fiduciary guarantee because things made object Collateral are the main key in terms of providing guarantees from debtors to creditors. Given the fact that there are still many of them constraint-obstacles faced by creditors during the execution process of fiduciary collateral objects.

Intellectual Property Based Financing: Juridical Review of Government Regulation Number 24 of 2022 And Relevance of Establishing Intellectual Property Rights Appraisal Institution

The issuance of Government Regulation Number 24 of 2022 is the hope for achieving an advanced national economy through the utilization of intellectual property rights as collateral objects in bank and non bank financial institutions. However, this is faced with the absence of an intellectual property rights appraisal institution in Indonesia. This paper aims to: (i) explain intellectual property-based financing arrangements based on Government Regulation Number 24 of 2022; and (ii) describes the establishment of an intellectual property rights appraisal institution in Indonesia. The author uses a normative juridical research method with a statutory and comparative approach. The results of the writing show that: 9i) Government Regulation Number 24 of 2022 regulates intellectual property-based financing schemes through bank and non-bank financial institutions; and (ii) the discourse on establishing an institution to assess intellectual property rights in Indonesia trough laws and regulations. This independent institution functions to set standards for valuing intellectual property rights and valuing intellectual property rights to be used as collateral for financing trough bank and non-bank financial institutions.

A Optimizing Intellectual Property as a Fiduciary Security Object After the Issuance of Governmental Regulation No. 24 of 2022

The issuance of Governmental Regulation no. 24 of 2022 on the Executory Regulation of Law no. 24 of 2019 on Creative Economy has become a zephyr for creative economy actors with regard to intellectual property-collateralized financing schemes for their businesses. The regulation also further reinforces intellectual property ownership as a standalone fiduciary object that should no longer be viewed as supplementary collateral. This paper aims to study the optimization of governmental regulation on the creative economy with respect to intellectual property-collateralized financing. To this end, a normative legal method was applied by focusing on the secondary data. The research topic was scrutinized following the prevailing regulation and relevant literature. With the issuance of Governmental Regulation no. 24 of 2022 Creative Economy, it further strengthens the ownership status of intellectual property rights as objects of material guarantees. Every citizen, especially creative economy actors, can apply for business capital loans, which can be used as collateral objects and can be classified in the form of intellectual property which must be registered or registered with the Director General of Intellectual Property, Ministry of Law and Human Rights. This consequence has an impact on the establishment of an intellectual property appraisal institution that has the task of evaluating intellectual property that will be used as collateral.

Airplane as the Object of Mortgage Collateral in Indonesia Collateral Law

Transportation is an important thing in supporting economic activities in Indonesia. One of them is an airplane which is a means of transportation for humans and facilities logistics. Based on data from the Directorate General of Civil Aviation, Ministry of Transportation (Kemenhub), there are around 18 airlines operating to transport passengers and around 54 cargo airlines, as well as 56 foreign airlines operating in Indonesia. It shows that the position of an airplane as an object becomes important, especially in terms of buying and selling and leasing of the airplane itself. In Indonesia, airplane leasing air travel is more often carried out for the implementation of the aviation business compared to buying and selling. This is due to the high price of airplanes as well as the legal situation regarding guarantees against airplane in Indonesia that are not yet fully present. In terms of guarantee, airplane is one of the objects that can be charged guarantee. This refers to Article 72 of Law Number 1 of 2009 concerning Aviation stating that "airplane objects can be burdened with interests international agreements arising from agreements on the granting of material guarantee rights, binding agreements conditional rights, and/or leasing agreement". Looking at these provisions, raises an issue regarding the classification of guarantee imposition criteria. Remember airplanes is an object that can change hands, then an airplane should be classified into movable objects subject to fiduciary guarantees. However, when viewed from the total weight of the airplane has a weight of more than 20 m3 so that it is included in the excluded object the imposition of fiduciary guarantees as referred to in Article 3 of Law Number 42 of the year 1999. Based on these problems, the author wants to devote the author's thoughts related to AIRPLANE AS MORTGAGE COLLATERAL OBJECTS IN INDONESIA COLLATERAL LAW

Is it true that Non-Performing Financing is a Risk Mitigation effort?

Distribution of financing to customers is inseparable from various risks, such as failure of financing, as evidenced by repeated arrears in paying credit. Various efforts were made to save the health of the Sharia People's Financing Bank (BPRS). The purpose of this study is to determine effective and efficient non-performing financing (NPF) settlement strategies for murabahah financing and the obstacles encountered in completing NPF murabahah financing as a risk mitigation effort. The method used is a qualitative approach with a field approach. The data collected is primary and secondary data for 2020–2022, using observation, interview, and documentation techniques. The results of the first study show that non-performing murabahah financing continues to increase. In 2020, 5%, in 2021, 10%, and in 2022, 14% Second, if there are indications of a problem with murabahah financing being stuck, it is resolved through a personal approach by deliberation, routine billing via telephone or WhatsApp, home billing, and 3 warning letters. If there is a response or good faith, restructuring is carried out through restructuring, rescheduling, and reconditioning, and if with this step the customer has no ability to complete the financing, the sale of collateral will be carried out. Meanwhile, if the settlement steps have been taken but the customer has no response or no good faith, then the sale of collateral items is carried out and a simple lawsuit is filed with the Religious Courts. The three obstacles encountered in completing murabahah financing, namely customers disappearing or running away by going out of town, lack of understanding of customers regarding financing restructuring, customers deliberately removing goods or vehicles that are used as collateral objects, and customers who always show rude attitudes or behavior, have to be approached many times and definitely require a lot of energy, time, and money.

Making of a Procuration to Sell Together with a Credit Contract for a Collateral Object

Issuance of the procuration to sell together with the credit agreement is basically contrary to Article 20 Paragraph (2) Mortgage Right Law. In the elucidation of Article 20 Paragraph (2) of the Mortgage Law it is explained that in the event that a sale through a public auction is not expected to produce the highest price, by deviating from the principle referred to in Paragraph (1) it is given the possibility of carrying out execution through private sales, provided that this is agreed upon by the grantor and the holder of the Mortgage Right, and the conditions specified in Paragraph (3) are met. His possibility is intended to accelerate the sale of Mortgage objects with the highest selling price. This means, selling under the hand is an alternative provided by Mortgage Law if ready execution is estimated to be no more profitable than private sales. As for the legal consequences of issuing a deed of power of attorney to sell contrary to Article 20 Paragraph (2) Mortgage Right Law as stipulated in Article 20 Paragraph (4) Mortgage Right Law is null and void. Thus, the deed of power of attorney issued by a Notary together with the credit agreement is null and void. This means that the deed of power of attorney to sell is deemed to have never existed, so it cannot be used as a basis for private sales.

IMPLEMENTASI PRINSIP SYARIAH DALAM PENGIKATAN HAK TANGGUNGAN PADA PEMBIAYAAN MUSYARAKAH DI BANK MEGA SYARIAH

Discussion on the implementation of sharia principles in binding mortgage rights to musyarakah financing at mega sharia banks. The type of research used in this legal research is normative law research. The research approach used in this research is the Statutory, Conceptual, Analytical and Case Approach. Sharia Banking continues to use Sharia principles as guidelines for Islamic Banking contained in the DSN-MUI Fatwa Number 08/2000 concerning Musyarakah Financing, but does not violate the provisions stipulated in the Mortgage Law in carrying out the Mortgage Binding procedure, which includes Consequences The law on the collateral object, the party giving the guarantee, and the party requesting the guarantee.

Implementation of Legal Protection Against Default Cases Regarding Disputes in Debt and Receivable Agreements (Case Study of Collateral Objects in the Governance of Debt Agreements in the Village Scope)

The process of accounts payable which is an agreement between one party and another party and the object being agreed is generally money. The position of one party is the party providing the loan (creditor), while the other party is the party receiving the loan (debtor). The essence of the debt agreement is that the creditor lends money to the debtor, and the debtor is obliged to return it within a predetermined time accompanied by interest. Debt repayments are made in monthly installments. If there is an obstacle regarding debt repayment or there is no effort to be able to pay the debt, an element of default occurs. This discussion will also review further the cases that often occur in rural areas regarding borrowing debts in the village environment.

THE ROLE OF NOTARY/PPAT (LAND DEED OFFICIAL) IN MAINTAINING THE PREFERRED POSITION OF CREDITORS WITH THE MAKING OF DEED OF GRANTING COLLATERAL AND POWER OF ATTORNEY

The Mortgage is a guarantee institution over land that is erased if the Land Rights entrusted with it are erased. One of the reasons for the abolition of land rights is when the rights expire or are in the process of renewing rights. Renewal of rights is the addition of the validity period of a right after the expiration period or before the expiration of the renewal period. The research is normative juridical legal research and has an analytical perspective, with research data in the form of secondary data collected by document study. The collected data will be analyzed using conceptual, statute, and case approaches. Based on the data obtained, it can be concluded that the role of the Notary in maintaining the preferred position of the creditor is to assist the debtor in renewing rights for the benefit of the creditor who has lost the object of collateral, as well as making a Deed of Granting Collateral and Power of Attorney which contains the debtors promise to fulfill his achievements and rebinding the collateral object after completion of the rights renewal process.

Juridical Assessment of Collateral in Microfinance: A Statutory Approach

This research investigates the juridical appraisal procedure employed by Microcredit Banks in Indonesia for land and building collateral. Utilizing a statute approach, the study scrutinizes both the subject (ownership status) and object (land location, boundaries, land status, and proof of ownership) of the collateral. The assessment also considers taxation aspects, including the Non-Tax State Revenue (NJOP) value, transaction price, and market price. The findings reveal that a comprehensive analysis incorporating these diverse aspects is necessary for accurate valuation. The study underscores the vital role of collateral evaluation in loan disbursement, emphasizing that banks need to ensure that collateral meets all credit security conditions. Consequently, in the event of borrower default, banks can legally seize the collateral to recoup the outstanding debt. The findings have implications for enhancing microcredit banking regulations and for bolstering the legal protections of both banks and borrowers.Highlights:
 
 Juridical appraisal procedure adopted by Microcredit Banks crucially considers both the subject and object of land and building collateral.
 Taxation aspects, including the Non-Tax State Revenue (NJOP) value, transaction price, and market price, are integral to the comprehensive evaluation of collateral.
 Ensuring that collateral meets all credit security conditions is a paramount step in loan disbursement, providing legal protections for banks to recoup outstanding debt in the event of borrower default.
 
 Keywords: Microcredit Banks, Collateral Evaluation, Juridical Assessment, Credit Security, Indonesian Banking Regulations.

The Position of Creditors of Individual Collateral Holders In Insolvency Law

This researcher aims to find out about the rights of creditors of individual collateral holders in the norms of Law No. 37 of 2004 on Insolvency and Delay of Debt Payment Obligations. The researcher's method uses norrmative law with a statutory problem approach and a conceptual approach. Broadly speaking, the position of individual guarantees in the norms of the Bankruptcy Law if the insurer and debtor are declared bankrupt simultaneously, then it is a concurrent creditor and all the assets of the insurer as bankruptcy property. In the process of managing and releasing bankruptcy property, that the position of concurrent creditors in the process of division of bankruptcy property is at the bottom, because in principle it can but if the creditors are many while the property is few, then potentially do not get the share or even if it can be very small percentage. So that the position of creditors of individual collateral holders who are concurrent creditors is very weak in the process and distribution of bankruptcy property. When the debtor is declared bankrupt while the insurer is not declared bankrupt, then all the assets of the insurer do not include bankruptcy property. So creditors have the right to make a default lawsuit in accordance with Article 1243 kuhper to the insurer, if the process and enactment of the debtor's bankruptcy property is insufficient creditor debt. The mechanism of fulfilling achievements to individual guarantee holder creditors, namely creditors can execute the collateral object directly without having to apply for bail and execution to the court, because after the bail object is registered with the guarantee institution, the certificate will be issued as a guarantee that has executory power.

The Principle of Justice in the Weakness of Objective Rights Holders Against Privileges Rights Holders

AbstractMaterial guarantees create material rights with superior characteristics. One is absolute, that is, the right holder can enforce material rights against anyone. It is as if nothing can beat the holder’s position of material guarantee in the event of a conflict with concurrent creditors and creditors holding privileges. However, this absolute character can be weakened by law. In certain circumstances, such as the right to collect the cost of saving the collateral object, the position of the creditor holding the material guarantee must surrender to the creditor with the privilege. Creditors can even threaten their position by not getting full repayment because the object of the material guarantee is to pay the bill from the creditor who holds the privilege first. The problem analyzed in this article concerns the principle of justice associated with weakening the characteristics of material rights in material guarantees for privileges. This study uses statutory, conceptual, and case approaches. The result of this study is that the creditor’s bills of the holder of the privilege arising from the salvage of collateral objects must take precedence over the bills of creditors of property security holders. This is considered fair, whereby the salvage of collateral causes creditors to remain in their preferred creditor position.Keywords: Justice; Absolute; Material Rights; Material Security; Privileges.

KEDUDUKAN CESSIE SEBAGAI OBJEK JAMINAN BERDASARKAN HUKUM JAMINAN DI INDONESIA

This research examines the role of cessie as a collateral object in the context of security law in Indonesia. Cessie is a common form of collateral used in business transactions in Indonesia, involving the transfer of rights or interests from a debtor to a creditor. The aim of this research is to understand the concept and basic understanding of cessie and collateral in Indonesian security law, as well as to analyze the position of cessie as a collateral object in the legislation governing security law in Indonesia. The research method used is normative legal research, involving the analysis of legislation, court decisions, and relevant legal literature. The results of this research show that cessie is a transfer of receivables governed by the Indonesian Civil Code (BW). Cessie can be understood as a legal institution of obligations, involving the substitution of creditors, and as part of property law, involving the transfer of ownership rights. Cessie is considered a valid collateral object if it meets the requirements stipulated in the legislation. This research also identifies several issues related to the position of cessie as a collateral object, such as legal clarity regarding the registration mechanism and the enforcement of rights over cessie, as well as legal protection that aligns with principles of justice and balance. This research provides recommendations to enhance legal protection for cessie as a collateral object, in accordance with the development of the legal system in Indonesia. With a better understanding of the position of cessie as a collateral object, it is hoped that an effective and efficient collateral system can be developed, creating a conducive investment climate in Indonesia. This research contributes to the field of security law and can serve as a guide for policymakers in improving legal protection for cessie as a collateral object.

Legalitas Eksekusi Terhadap Objek Jaminan Fidusia Yang Dialihkan Pihak Konsumen Tanpa Sepengetahuan Pihak Leasing

asically the execution of fiduciary guarantee objects has been regulated in Law Number 42 of 1999 concerning Fiduciary Guarantees, specifically the procedure for executing fiduciary guarantee objects. Fiduciary collateral objects in the form of movable objects that are transferred by consumers (fiduciary givers) to third parties without the knowledge of the leasing party (fiduciary recipients) are an unlawful act, thus causing losses to fiduciary recipients. Based on Article 23 paragraph (2) UUJF, the fiduciary giver is prohibited from transferring, pawning, or renting to other parties objects that are objects of fiduciary guarantees that are not inventory objects, except with prior written approval from the fiduciary recipient. Conceptually, fiduciary guarantees are a form of legal relationship based on trust. Trust in this case is that the fiduciary recipient believes in giving part of the property rights to the fiduciary giver, until the fiduciary giver completes the installments of the object. So the fiduciary recipient still has the right to the object, which if one day the fiduciary giver breaks his promise, commits an unlawful act and there is no good faith, the fiduciary recipient can execute the fiduciary guarantee object.

Analisis Yuridis Dampak Pasca Pandemi Covid-19 Terhadap Lelang Eksekusi Hak Tanggungan Dari Perbankan Pada KPKNL Medan

The purpose of this writing is to analyze the auction mechanism for executing mortgages from banks, the role of the KPKNL in carrying out the execution of mortgages and the obstacles faced by the KPKNL in carrying out the auction. The research method used is normative juridical. The research data comes from secondary data which comes from primary legal materials, secondary legal materials and tertiary legal materials which are then analyzed qualitatively. The results of the first study, that the execution auction of mortgage rights is carried out by creditors by submitting an application for execution of mortgage rights to the head of the local District Court where the collateral object is located. If the Debtor does not fulfill his obligations for a maximum of 8 (eight) days both for repayment and discharge or if he is summoned properly, cannot appear, then the chairman of the court by his position gives an order by letter, to confiscate the object of collateral right to be sold through auction general for payment. Second, the role of the KPKNL, as a government agency in executing the Mortgage Auction, as a supervisor so that auction items are not misused, as a selection agency for Mortgage auction participants, as a guard for the stability of Mortgage auction implementation, as an intermediary between buyers and sellers of auctioned goods. Third, in the implementation of the auction, some of the obstacles faced by the State Property and Auction Service Office are internal constraints and external constraints.

The Position of Creditors in Consumer Financing Agreements Due to Fiducian Guarantee Not Registered

Research with the title creditor position in consumer financing agreements as a result of fiduciary guarantees not being registered, will raise two problems as follows, first, what are the characteristics of consumer financing agreements with fiduciary guarantees, and second, how default is non-fulfillment of achievements or obligations set by certain parties in an engagement. The methodology used in analyzing the problems in this study uses a normative juridical method with two approaches, namely the statutory approach and the concept approach, to produce an in-depth analysis. Based on the discussion that has been carried out in the previous chapter, the following conclusions can be formulated: First, that the characteristics of consumer financing agreements with fiduciary guarantees. The agreement is made by default the contents of the agreement, and the agreement is the principal agreement. Furthermore, it is bound by a fiduciary guarantee agreement which is an assecoir agreement (additional agreement) to the main agreement. After an agreement is reached, then the fiduciary guarantee will be charged and the fiduciary guarantee will be registered in accordance with Government Regulation No. 21 of 2015. The position of the creditor does not register the fiduciary guarantee object as a concurrent creditor. Second, default is the non-fulfillment of achievements or obligations set by certain parties in an engagement. Default in the guarantee is said to cancel the guarantee agreement, and only the main agreement applies. The implementation of the execution of fiduciary guarantees can be done in 3 ways, in accordance with article 29 UUJF, the 3 ways are by means of executorial titles, parateexecutie and private sales. Legal protection for debtors in the forced withdrawal of fiduciary collateral objects that are not registered, namely there are preventive and repressive protections. And the settlement can be done peacefully (kindly), win-win solution or through consumer dispute resolution institutions such as BPSK.

Hak Cipta sebagai Objek Jaminan Fidusia dalam Pembiayaan Mudharabah pada Perbankan Syariah

The Fatwa (decision) of the National Sharia Council Number 7 of 2000 on Mudharabah asserts that shahibul maal are allowed to ask for guarantees from mudharibs. Article 16 paragraph (3) Law no. 28 of 2014 on Copyright has also stated that copyright can be used as an object of fiduciary guarantee. As a result of this provision, copyright can legally be used as an object of collateral. However, in terms of implementation in society, this cannot be done because it appears to be unfair and there is uncertainty in assessing value. Sharia principles prioritize justice and certainty in every aspect, of course this is in direct conflict with sharia principles. This research uses a normative juridical research method. The results of this research indicate that copyright as an object of fiduciary security in sharia banking cannot yet be used, because there is no institution that assesses the value of copyright, which results in the value of copyright being unclear. In other words, if this is implemented it will violate existing sharia principles

Legal Protection of Banks for the Cancellation of Land Certificates Due to Overlapping which are Being Breaked with Guarantee Rights

The provision of credit by banks should receive legal protection for both creditors and debtors. One of the conditions for granting credit is the existence of a guarantee that functions to provide a sense of security for creditors against returning credit funds in the event of default or default. The problem in this study is the cancellation of property rights certificates burdened with mortgage rights due to overlapping. The protection given to banks in the event of cancellation of collateral objects in this writing is carried out by collecting library materials and also interviews with empirical normative methods. Empirical normative legal research is research conducted by examining literature and laws and regulations related to problems and information obtained based on interview results. The results of this research are expected to be useful and useful for the development of legal science, especially Civil Law, as well as the fields of Banking Law, Guarantee Law, and Agrarian Law. This research is expected to be used as a source of knowledge, especially how to protect banks in the event of cancellation of collateral objects and the settlement mechanism and preventive efforts made by the Land Agency of the City of South Tangerang to prevent overlapping certificate problems

Legal Construction of Crypto Assets as Objects of Fiduciary Collateral

Crypto assets have become the commodities traded on the Futures Exchange. Based on the data from the Ministry of Trade, the number of crypto asset investors in Indonesia will reach 11 million people by the end of 2021. The high level of crypto investment and public interest in crypto as a digital asset provide excellent opportunities for Indonesia's digital industry and economic growth. This research will discuss the use of crypto assets as objects of fiduciary collaterals and the legal framework used as a legal basis for crypto assets subject to fiduciary collaterals. The research methodology is normative juridical applied using a comparative approach to the laws in Indonesia and Vietnam because the rules regarding crypto assets in Vietnam are clearer. The data collected were secondary data, and the they were analysed using qualitative data analysis. The results of the study show that crypto assets are intangible movable objects that have economic value and can be transferred due to an agreement through each user's account so that conceptually crypto assets can be used as fiduciary collateral objects. However, considering that crypto assets are digital currencies cannot be predicted, legal protection for creditors holding crypto asset collaterals is still weak. In addition to the absence of regulations that specifically regulate crypto assets that can be used as objects of fiduciary collateral, there are also difficulties in execution, so there is a need for a construction legal umbrella that regulates crypto assets to be used as fiduciary collateral objects.