Legal Protection Of Creditors Research Articles

Problematics of Sale and Purchase Binding Agreements Made by a Notary without the Creditor's Consent

Housing and settlements have an important function and role in people's lives, because they reflect and embody human identity, both individually and in an integrated unity and togetherness with the natural environment. People's desire to get a decent home for themselves and their families continues to increase and is proven by people's enthusiasm in using the KPR program. The government's efforts to overcome this problem were delegated to the Ministry of Public Works and Public Housing through the Director General of Public Works and Housing Infrastructure Financing to organize the FLPP program, which is a form of government attention to Low Income Communities. The problem with making a PPJB deed is that the notary often does not understand the position of the parties, so he is still willing to make the PPJB Deed, even though there are losses that will arise in the future. A PPJB Deed and Authorization to Sell Deed were drawn up, even though what was done at a glance looked legal, in substance there was no legal protection for creditors or third parties. Because it is very possible for the debtor to give up or disappear and therefore not want to take responsibility for the process. Therefore, the author will examine whether a binding sale and purchase agreement for the transfer of mortgage rights without creditor approval made by a notary can provide legal certainty.

Keabsahan Pendaftaran Kapal sebagai Objek Jaminan Hipotek

Mortgages with collateral as collateral for ships are one of the credit agreements that support business activities in the current era of globalization and free trade. Ship mortgages can of course also support business activities in Indonesia because it is an archipelagic country which, when distributing goods between one island and another, uses ship transportation facilities. However, in Indonesia there is no separate law that regulates mortgage guarantees, so legal protection for creditors is very lacking because the mortgage regulations in BW are in practice less relevant for the increasingly rapid development of the business world. In particular, legal protection regarding the execution of mortgage guarantees if the debtor defaults is deemed to be very lacking. Therefore, the Notary as an official authorized to make a mortgage deed must truly understand his duties in order to achieve justice and legal protection for the parties contained in the mortgage agreement deed.

Legal Protection of Creditors Against Letters of Undertaking as Additional Agreements

This research aims to learn about the Legal Protection of Creditors Against Letters of Undertaking as Additional Agreements. The research method is normative juridical, using deductive thinking and library data collection. One of them is using the Legal Protection Theory to examine problems in LoUs between debtors and creditors so that debtors commit themselves to fulfilling obligations so that they get their rights by bank rules and applicable laws and regulations in the event of payment failure or default with the conclusion of preventive and repressive measures. This research found that a Letter of Undertaking (LoU) is part of an additional agreement or accessory and an alternative third-party guarantee in the form of a statement of the promissory note to fulfil an obligation made by the Debtor. In this modern and rapidly developing era, LoUs are born as credit guarantees or financing in various fields of construction projects, infrastructure projects, and tender bonds, which are used to facilitate business to help smooth national and international trade transactions.

Pemegang Pengalihan Atas Hak Tagih Tertulis (Cessie) Dalam Permohonan Penundaan Kewajiban Pembayaran Utang Berdasarkan Undang-Undang Nomor 37 Tahun 2004 Tentang Kepailitan dan PKPU (Analisa Putusan: No.16/Pdt.Sus–PKPU/2017/PN.Niaga/Jkt.Pst)

The transfer of receivables for written collection rights is called Cessie. The legal arrangements regarding cessie are regulated explicitly in Article 613 of the Civil Code. Generally, the granting of the right to collect is often in debt-receivable disputes. Transfer of rights from the old creditor (cedent) to the new creditor (cessionaris) over the debtor (cessus). Disputes over debts in the business world are commonly experienced by every legal subject including business entities. The problem of debts is a slick and complicated problem to find a solution to these conditions. The intensity of the need for funds in carrying out company operations can bring two things, namely profit and loss. (However, in practice, the transfer of receivables for written collection rights under the cessie scheme is often disputed by legality and validity, or the process that occurs so that the transfer of rights to collect debts that have matured becomes an obstacle in applying for a new Creditor PKPU (cessionaris ) is also hampered and difficult to be able to fulfill his right to repayment of debts of debtors. Legal protection is required to touch not only on the part of the debtor either preventing the collateral property from being insolvented but the legal protection of the creditor.This research was conducted using secondary data obtained from primary legal materials such as analyzing laws and regulations related to the title of this thesis. Secondary legal materials such as books, various magazines, literature and articles.Right to collect receivables in writing with the cessie scheme in its development in the business world often raises questions about the legal protection of creditors after transferring their collection rights to other creditors. The transfer is followed by the condition of levering and official written notice (betekkning) to the debtor that the transfer of the right to collect the right to collect. The application of cessie is then combined in a dispute over debt receivables when there is a PKPU application for the situation of insolvency of the debtor so that it neglects to pay off its debts.

Legal Protection of Creditors in Credit Agreements with Warranties of Power of Attorney Impose Collateral Rights That Have not Been Registered Based on PMA/KBPN NUMBER 22 of 2017 at Pt. BPR Harta Mandiri Pekanbaru

Encounter rapidly growing, competitive, and integrated national economic development with increasingly complex challenges and an increasingly advanced financial system that requires policy adjustments in the economic field, including banking. Economic recovery is inseparable from the banking business's hazardous credit distribution. Therefore, collateral is significant in the issuance of credit. In practice, the Bank as a creditor provides credit facilities to the debtor. SKMHT was made to become a basis for making a Deed of Mortgage Rights (APHT). However, SKMHT has a term. Thus, both the creditor and the notary / PPAT must pay serious attention to the validity period because the expired SKMHT affects the APHT cannot be registered, so the Bank cannot execute the debtor's default guarantee object. The problems in this study are the factors that affect creditors in credit agreements with SKMHT guarantees that cannot register their rights and how to protect creditor law in credit agreements with SKMHT guarantee based on PMA / KBP Number 22 of 2017. The research method used is juridical-empirical and descriptive analysis, then analyzed qualitatively. Banks in credit binding only limited SKMHT as a bridge to make APHT. When SKMHT cannot be increased to APHT, the Bank cannot execute the guarantee object in the credit agreement. The factors that influence SKMHT cannot be upgraded to APHT because the Bank gives credit on specific credit based on the PMA / KBPN Number 22 of 2017, the process of registration of the mortgage is too long, negligent Notary / PPAT considering the expiry of SKMHT period so that the legal protection that can be done is by filing a civil suit at the local District Court with evidence of the binding of credit agreement between the Bank and the debtor. So that the object of the collateral can be executed.

PERLINDUNGAN HUKUM KREDITUR ATAS SURAT KETERANGAN NOTARIS/COVERNOTE TERHADAP PROSES PENCAIRAN KREDIT

Problems in making a Covernote by a Notary in relation to credit disbursement and regarding the strength of the evidence if the disbursed credit is defaulted at a later date. This thesis research aims to analyze the responsibility of a notary in a notary's certificate/Covernote regarding the credit disbursement process. As well as creditor legal protection for a notary/Covernote statement regarding the credit disbursement process. The method used is the normative juridical research method by examining literature or secondary data alone, and by using the deductive thinking method, namely the way of thinking in drawing conclusions drawn then recommending suggestions. The theory used in this paper uses the theory of responsibility and the theory of legal protection. From the results of the study it was concluded that the legal responsibility of a notary in issuing a Covernote to issue a Covernote that he made does not have binding legal force in the Notary Office Act if a default debtor customer occurs. Covernote does not have binding and perfect legal force, so there must be legal protection for creditors. Collateral is a preventive means of legal protection. Because the collateral binding is not perfect, that Covernote can in fact be used as the basis for disbursing credit in a bank credit agreement with all elements, the principle of prudence, the existence of a credit agreement, the existence of collateral/collateral on credit, a sense of trust from the bank in disbursing credit because according to the bank complies with the provisions of the Law of the Republic of Indonesia Number 7 of 1992 concerning Banking. Creditor legal protection is based on the provisions of Articles 1131 and 1132 of the Civil Code. It is hoped that the Government will make laws and regulations related to Covernotes regarding the provisions of one article in regulations per law, especially the Notary Office Law. It is better for creditors/banks to pay attention to the principle of prudence in the process of granting credit by not using Covernotes as the basis for disbursing credit

Legal Protection of Creditors in Non-Collected Debtors Without Collateral in Koperasi Cahaya Abadi, Kediri District

<span lang="IN">This study aims to explain the legal protection for creditors in bad loans Debtors without collateral in the </span><em><span lang="EN-US">Koperasi </span><span lang="IN">Cahaya Abadi</span></em><span lang="IN">, Kediri Regency and settlement of bad credit debtors without collateral in the </span><em><span lang="EN-US">Koperasi </span><span lang="IN">Cahaya Abadi</span></em><span lang="IN">, Kediri Regency. The empirical juridical research method is also called research examining law as a pattern of behavior shown in the application of legal regulations. The empirical juridical approach is carried out by collecting primary data information obtained directly in the field aimed at applying the law and/or resolving bad loans related to bad loans from debtors who have no collateral. Whereas in legally protecting creditors for bad credit from unsecured debtors, it is necessary to have preventive and repressive legal protection measures / get customers / debtors. Meanwhile, reflective legal protection for debtors without collateral, the steps taken by the Cahaya Abadi Cooperative are Rescheduling, Reconditioning Restructuring, and Execution</span>

Postponement of Debt Payment Obligations as an Effort to Save Concurrent Creditors’ Rights to Debtors Engaged in Investment

This study aims to analyze how legal protection for creditors who invest in companies engaged in investment, then the creditors experience losses due to the failure of the promised payment by the debtor within the specified time, so that the creditor files a PKPU application. This research was conducted using normative legal research methods. Based on the analysis of this problem, the PKPU process can be a solution to save the rights of concurrent creditors who have a very disadvantaged position if the debtor is declared bankrupt. Bankruptcy has the potential to be used as a shortcut for debtors to escape their obligation to pay debts. The existing regulations are also not enough to provide protection for concurrent creditors, especially for the existence of conditions of helplessness of concurrent creditors.

Legal Protection of Creditors in Credit Agreements at Swastisari Kupang Credit Union

Credit Unions have an important role in improving the economy of the Indonesian people through joint efforts based on family principles, so cooperatives need to develop themselves further and be built to be strong and independent based on cooperative principles. In running its business, the suitable implements credit, a form of effort to process the capital owned from deposits and member donations, to achieve optimal results. A credit agreement is needed to avoid bad credit in the future as evidence of a contract between the creditor and the debtor. This is a reference to legal protection for the debtor. This research was conducted through the empirical juridical method using primary data sources, namely data obtained directly in the field. In terms of providing credit and collateral, there is often negligence by the debtor to the creditor. Hence, the creditor, in this case, the Swastisari Kupang Credit Cooperative, has a very interesting strategy as a reference for recovery, namely by checking loan files, surveys, credit analysis by applying the 5C principle, billing control by checking data periodically to find out the condition or condition of the borrowing member. In addition, the cooperative makes rescheduling, restructuring, and reconditioning to achieve mutual welfare based on the principle of kinship.

Trade credit, creditor protection and banking crisis

This paper analyzes the effect of banking crises on the trade credit provided to customers and whether this effect depends on the strength of a country's legal protection of creditors. The results indicate that trade credit extensions increase in times of crisis, although this increase is smaller in countries where creditors are well protected; however, no differences are observed in trade credit extensions between countries with weak and strong creditor protection in non-crisis periods.

Kepastian Hukum Kekuatan Eksekutorial Sertipikat Hak Tanggungan Elektronik (Studi Peraturan Menteri ATR/KBPN Nomor 5 Tahun 2020)

The National Land Agency may now provide their dependents access to online services thanks to Ministerial Regulation No. 5 of 2020 from ATR/KBPN. The purpose of this paper is to evaluate the progress made toward implementing the requirements of ATR/KBPN ministerial order Number 5 of 2020, namely the Electronic Dependent Rights Certificate and the mechanisms for electronic inheritance of Dependent Rights. The norms of the law are observed in this kind of investigation. According to the findings, ATR/KBPN Regulation No. 5 of 2020 governs the procedure for adding dependents to the Electronic Dependent Rights System. Neither UUHT nor Permen ATR/KBPN No. 5 of 2020 prohibits the use of EDRs. It is the author's contention that, as Electronic Dependent Rights do not have any kind of inherent priority, Article 54 of the ITE Law prohibits their use as executory proof. The Electronic Dependent Rights Certificate does not provide any further clarity or legal protection for creditors and borrowers.

Legal Protection for Creditors Regarding Default and Unilateral Transfer of Fiduciary Guarantee Vehicles Based on the Principle of Justice

Indonesian people generally buy private vehicles by using credit facilities or making monthly payments to finance companies to own their vehicles. Vehicles purchased on credit are bound by using fiduciary guarantees prone to being pawned, rented out and transferred by the debtor unilaterally. The reason was due to default so that the fiduciary guarantee vehicle was diverted so that it could be confiscated by POLRI investigators to be used as evidence. As a result of the unilateral transfer of the debtor, the creditor suffers a loss, so that the creditor must be legally protected. The purpose of this research is to find out and analyze the legal protection for credit related to violations and diversion of vehicles based on the principle of justice. The method in this research is qualitative research with empirical and normative juridical approaches. Empirical juridical research prioritizes secondary data, books, laws and regulations and examines positive legal principles from literary data and comparative law. The fiduciary giver must be responsible, carry out his obligations and keep the collateral object under his control. However, in reality it does not rule out the possibility of the Fiduciary Guarantee object changing hands or transferring control to a third party because it is transferred by the debtor, usually due to economic factors. The existence of Law no. 42 of 1999 concerning guarantees in Indonesia which are lex specialis derogat legi general, is one of the legal principles which implies that specific legal rules will override general legal rules.

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

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.

Legal Position for Implementing Credit Provisions without Written Agreement at the Transmission Employees

This study aims to determine and analyze thethe legal position of implementing credit without a written agreement at the Transmission and Substation Employee Cooperatives in Kudus City, as well as to know and analyze aboutlegal protection for creditors who provide credit without an agreement to debtors at the Transmission and Substation employee Cooperatives in Kudus City who are in default. This research method uses an empirical juridical approach, namely legal research that uses secondary data as initial data, which is then followed by primary data in the field or on the community. Based on the results of the study concluded: 1)The legal position of the implementation of granting credit without a written agreement at the Transmission and Substation Employee Cooperatives in Kudus City is legal according to the perspective of civil law because it has been carried out in accordance with the terms of the validity of the agreement as referred to in Article 1320 of the Civil Code, namely agree to bind himself, the ability to make an agreement, a certain thing and a lawful cause. Credit agreement without a written agreement made by the Cooperative Employee Substation Transmission of Kudus City has met all of these conditions. ManagerKudus City Transmission and Substation Employees Cooperativein carrying out its activities, it is also in accordance with the provisions of Act No. 25 of 1992 concerning Cooperatives, andlegal certainty has been fulfilled as the theory of legal certainty presented Gustav Radbruch who stated that legal certainty is certainty about the law itself; 2) Legal protection for creditors against debtor defaults on the implementation of unwritten agreements at the Kudus City Transmission and Substation Employee Cooperatives has been carried out properly, namely by conducting deliberation and/or mediation (non-litigation) efforts aimed at creating an agreement to disburse members' money. The exist in cooperatives that are sourced from principal savings, mandatory savings, and voluntary savings belonging to the member who is in default. Another form of legal protection that has also been carried out by the Management of the Transmission and Substation Employees Cooperatives in Kudus City is in terms of paying monthly installments from members, it is carried out by auto-debit to the bank account belonging to the member concerned.

Odporovatelnost právních jednání zkracujících věřitele dle občanského zákoníku a insolvenčního zákona – procesní aspekty

The paper deals with the new regulation of the relative ineffectiveness of legal acts in the Civil Code and compares it with the special regulation of the ineffectiveness of legal acts of the debtor in the Insolvency Act, which was adopted several years earlier. The basis of the treatise is the substantive legal regulation of the institute, but due to its nature, the procedural aspects – the so-called voidability – cannot be separated from the substantive aspects. The interpretation therefore focuses on the procedure of creditors towards the debtor or third parties when applying relative ineffectiveness and focuses on avoidance actions (both general and special), which are the basic instrument of the legal protection of creditors. With regard to the above-mentioned double regulation there are also problems in practice when both variants occur concurrently. A specific problem is also represented by the clash of the relative ineffectiveness of a legal act with its invalidity and its resolution especially in the area of insolvency law.

Perlindungan Hukum terhadap Kreditur Selaku Penerima Jaminan Fidusia Pasca Dikeluarkannya Putusan Mahkamah Konstitusi Nomor 18/PUU-XVII/2019

This study aimed to analyze the juridical implications, the urgency of the new concept of default, losses suffered by creditors, and legal protection for creditors after the Constitutional Court Decision Number 18/PUU-XVII/2019. This study used a normative juridical method with a case and legislation approach. The juridical implication of the Constitutional Court Decision Number 18/PUU-XVII/2019 was the non-fulfillment of the element of legal certainty due to differences in the concept of default in the Constitutional Court Decision Number 18/PUU-XVII/2019 with the provisions of Article 1243 of the Civil Code. The urgency of the new concept of default in the Constitutional Court Decision Number 18/PUU-XVII/2019 was to provide legal protection for debtors when a default is declared unilaterally by the creditor. Losses experienced by creditors were categorized into cost losses, losses on damaged goods, and losses on profits that should be obtained. Legal protection for creditors was carried out in a preventive and repressive manner.This study aimed to analyze the juridical implications, the urgency of the new concept of default, losses suffered by creditors, and legal protection for creditors after the Constitutional Court Decision Number 18/PUU-XVII/2019. This study used a normative juridical method with a case and legislation approach. The juridical implication of the Constitutional Court Decision Number 18/PUU-XVII/2019 was the non-fulfillment of the element of legal certainty due to differences in the concept of default in the Constitutional Court Decision Number 18/PUU-XVII/2019 with the provisions of Article 1243 of the Civil Code. The urgency of the new concept of default in the Constitutional Court Decision Number 18/PUU-XVII/2019 was to provide legal protection for debtors when a default is declared unilaterally by the creditor. Losses experienced by creditors were categorized into cost losses, losses on damaged goods, and losses on profits that should be obtained. Legal protection for creditors was carried out in a preventive and repressive manner.

Upaya Perlindungan Hukum terhadap Kreditur atas Debitur Wanprestasi dalam Perjanjian Kredit pada Masa Pandemi Covid-19


 Default can occur either due to intentional factors or factors beyond human capabilities, such as what happened to the Amerta Sedana Wisata cooperative, a debtor does not fulfill his agreement by being in arrears for debt payments of up to 10 months. This study aims to reveal legal protection efforts against creditors for defaulting debtors in credit agreements during the Covid-19 pandemic. The research method carried out in this writing is using empirical legal research with a statutory approach (The Statute Approach). The results obtained in this study are forms of legal protection that can be carried out in resolving defaults committed by debtors, namely by using preventive legal protection and repressive legal protection. Legal protection for creditors has been regulated based on the Civil Code Articles 1131 and 1132. In the credit agreement the Amerta Sedana Wisata Savings and Loans Cooperative more often uses non-litigation channels to resolve existing default or non-performing credit problems. Based on the discussion that has been described, the conclusion in this study is that preventive action is an action or effort taken before the occurrence of a dispute and violation of norms. Preventive legal protection is applied by following regulations. Researchers hope that in borrowing money or credit, they should understand correctly how the risks will arise in the future if there is a dispute that arises due to default.

JAMINAN KREDIT DENGAN PEMBEBANAN HAK TANGGUNGAN ATAS OBJEK TANAH PADA PT. BANK JATIM

Execution of Mortgage is not easy when it is based on the grosse deed and debt acknowledgment, and there is resistance /verzet from the debtor through the District Court which causes the execution of guarantees to take a long time. Therefore,it becomes a matter of legal protection of creditors and debtors in credit guarantee agreements based on UUHT, and aboutthe implementation of APHT in (Bank Jatim) Research method with an empirical juridical approach, which is to approachthe problem by exploring facts referring to the study of applicable regulations (especially Law No.4 of 1996 concerningUnderwriting Rights), the results of the study show that the legal protection of mortgage rights in the UUHT againstcreditors is administrative protection, as creditors who have preferential rights (Article 13 UUHT). for debtors, theexistence of a partial roya as a deviation, a promise that can limit the first mortgage right holder to sell the object of themortgage right on his own power in accordance with Article 6 and Article 11 paragraph (2) letter e,

PERLINDUNGAN HUKUM TERHADAP KREDITOR SELAKU PEMEGANG JAMINAN FIDUSIA DALAM PERJANJIAN PEMBIAYAAN DIKAITKAN DENGAN PUTUSAN MAHKAMAH KONSTITUSI NOMOR 18/PUU-XVII/2019

The background of this research is that the fiduciary guarantee is a form of legal protection forcreditors as the holder of the fiduciary guarantee in the management agreement regulated inArticle 15 of Law No. 42 of 1999 concerning Fiduciary Guarantee. However, after the issuance ofthe Constitutional Court Decision Number 18 / PUU-XVII / 2019 which considers the provisions ofarticle 15 of the fiduciary guarantee Act regarding the executorial power of fiduciary recipientswho will abuse creditors, or in other words the fiduciary guarantee certificate has no legalcertainty. in the power of execution. Therefore, the aim of this study is to analyze the legalcertainty and protection of the execution of fiduciary guarantees in the agreement regulated bythe Decision of the Constitutional Court Number 18 / PUU-XVII / 2019. This research is a normativejuridical study but is also supported by empirical data so that it is researched data that comes fromliterature and court decisions. The results show that the legal certainty of the Fiduciary GuaranteeParate in the Financing Agreement is linked to the Constitutional Court Decision Number 18 / PUU-XVII / 2019, namely that creditor companies can still execute fiduciary objects as long as there areprovisions for default or default in the agreement of the parties as outlined in the deed. agreementand the debtor's willingness to submit the object of guarantee. The form of legal protection forcreditors as holders of fiduciary guarantees is linked to the Constitutional Court Decision Number18 / PUU-XVII / 2019 in a preventive manner, namely by making a financing agreement as outlinedin a deed and containing provisions related to default or default. Meanwhile, repressive legalprotection is that if the debtor does not admit to default, the creditor can file a lawsuit against thecourt, so that the court will determine the condition of the debtor's default.
 Keywords: Legal Protection, Fiduciary Guarantee, Financing Agreement

ON PRESSING ISSUES OF CRIMINAL LEGAL PROTECTION OF CREDITORS AT THE STAGE OF EXECUTION OF JUDICIAL ACTS ON THE COLLECTION OF ACCOUNTS PAYABLE

In the article, the author examines the problem of criminal legal protection of creditors’ rights fromcrimes associated with malicious evasion by debtors from paying off accounts payable, for the commissionof which liability is provided under Article 177 of the Criminal Code of the Russian Federation. The author emphasizes that the norm of the article was introduced in 1996 together with the adoptionof the code and the disposition did not undergo changes over the next twenty-five years, remaininginsufficiently regulated. It is indicated with reference to judicial practice on the problem of the objective sideof the corpus delicti of this crime, which contains ambiguous evaluative signs.The author, based on the analysis of the article of the considered norm and a number of doctrinal pointsof view, concluded that the norm is subject to change with the “removal” of the controversial terminologyfrom the disposition. The author proposes a revision of the norm and, as an example, provides a similarprovision on liability from the criminal legislation of the Republic of Belarus.Also, based on the analysis of articles 144–145 of the Criminal Procedure Code of the Russian Federationand taking into account the practice and doctrinal points of view, attention is focused on the need, in additionto substantive changes, changes and procedural norms of domestic legislation, namely, on the need totransform the stage existing in the Criminal Procedure Code of the Russian Federation initiation of a criminalcase as hindering the timely detection and investigation of this type of crime.