ANALISIS YURIDIS SOSIOLOGIS PRAKTEK PEMBEBANAN HIPOTIK ATAS KAPAL (Studi Pada Bank KB Bukopin Syariah Surabaya)

The rule of law is a concept of a state based on the belief that state power must be exercised on the basis of fair and good law, the actions of the state must be aimed at enforcing legal certainty. The objective of this study is to know and understand how the Hypothetic Loading process of ships takes place at Bukopin Bank of Surabaya, to know what the risk considerations of Bank Bcopin of Surabaya in accepting ships as the object of mortgage guarantee, to learn how the risk management efforts of Bank of KB Bukopine of Surabaya are in acceptance of shipping as the subject of mortge guarantee. As for the method used in this research is a sociological (empirical) jurisprudential approach to data collection techniques through interviews, literature study, official documents, and scientific work. In this study can lead to the conclusion that each ship mortgage burdening process of course carried out the assessment by the bank with the basic principle of credit assessment (5 C), as well as the guarantee of the ship also has a large risk then of that Bank KB Bukopin Shariah Surabaya only accepts ships that are already insured all risk and the period of validity of such insurance should be 5 years longer than the expiration of the time of the credit agreement. Recommendations from this study are expected to the government for the future to issue legislative updates related to ship mortgage especially for shipowners whose capacity is less than 20 m3, in the presence of such could make it easier for ship owners with dimensions below 20 m3 to apply for mortgages to financial institutions in order to launch their economic activity and recommendations to Bank KB Bukopin Shariah Surabaya is expected to make more easy conditions for potential customers who want to apply a ship Mortgage credit agreement, as well as need to re-think more related to risk– risk that may be accepted.