PRATAMA PUTRA, YUDHA (2010) ANALISIS YURIDIS SOSIOLOGIS AKTA PENGAKUAN HUTANG DAN KUASA UNTUK MENJUAL TERHADAP KREDIT PEMILIKAN RUMAH SEBAGAI DASAR EKSEKUSI BENDA AGUNAN (JAMINAN) OLEH BANK(Studi di BTN Syariah Kantor Cabang Malang). Other thesis, University of Muhammadiyah Malang.
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Abstract
On the realization of KPR BTN Syariah Malang Branch made some deed to be signed by the debtor, including the deed of Promissory Notes and Authorization To Sell. In the deed contains the power of the debtor to the Bank to sell the collateral if the debtor's default. Authorization To Sell clause is contrary to the provisions contained in Law Number 4 Year 1996 about Mortgage. Under the provisions of Article 20 paragraph (4) UUHT which reads "Any promise to execute the Mortgage is in a way contrary to the provisions of paragraph (1), subsection (2) and paragraph (3) null and void", then the clause Authorization To Sell it becomes null and void. Based on the description above, the problem that arises is whether the deed of Promissory Notes and Credit Authorization To Sell on Home Ownership in Malang BTN Syariah Branches can be used as the basis for the execution of object security? Then how processes in the implementation of deed of Promissory Notes and Authorization To Sell cidero if customer promise. In this thesis, the methods used method of empirical legal research using sociological juridical approach. The results of the above problems arising deed reveals that the status of Promissory Notes and Authorization To Sell on BTN in mortgage in Malang branch is as evidence in court if the dispute arises in future for lending under 50 million and as evidence in complementary and reinforcing declaration form and approval by customers to the bank stating the bank could sell under his hand for lending over 50 million. This deed can not be used as the basis for binding of the collateral for collateral such as land and buildings can only be tied with dependents and rights set forth in the Deed of mortgage (APHT) and in practice, BTN Syariah SKMHT to APHT not increase to above 50 million loan financing . Parties BTN Syariah SKMHT become APHT to improve credit financing more than 50 million, when the debtor shows symptoms of bad credit. Then the factors that inhibit the use of debt and Deed of Recognition Authorization To Sell as a tool for executing collateral when debtors default is BTN officials prefer to use Mortgage execution through the sale in public; the debtor is not willing, if the collateral sold directly by the BTN without going through auction mechanism, and assume that the notarial deed can not be directly used by the BTN to sell the collateral when the debtor is in default due to collateral is also burdened with the Mortgage. While the role of notaries in connection with the manufacture of debt and Deed of Recognition of the power to sell is very important, namely Notary must provide advice related to the provision that prohibits the execution UUHT mortgage in a way beyond the provisions of Article 20 paragraph (1), subsection (2) and paragraph (3) and liabilities increased SKMHT become APHT to exceed 50 million mortgage financing in accordance with the provisions of Article 15 paragraph UUHT (30, subsection (4) and paragraph 95). If the deed does not do it then can be categorized Deed has been violating the provisions of Article 16 paragraph ( 1) letter a UUJN and may be subject to sanctions against him under Article 85 UUJN.
| Item Type: | Thesis (Other) |
|---|---|
| Subjects: | K Law > K Law (General) |
| Divisions: | Faculty of Law > Department of Law (74201) |
| Depositing User: | Anwar Jasin |
| Date Deposited: | 08 Mar 2012 15:57 |
| Last Modified: | 08 Mar 2012 15:57 |
| URI : | http://eprints.umm.ac.id/id/eprint/371 |
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