ANALISIS YURIDIS LEGALITAS SURAT KUASA PENCAIRAN ATAS OBJEK JAMINAN GADAI PADA AWAL PERJANJIAN KREDIT ( Studi Putusan No.484/PDT.6\2020\PN DPS )

This research is based on Decision No. 484/Pdt. G/2020PN.Dps. related to a lawsuit against Unlawful Acts regarding the legality of the power of attorney for disbursement of the object of the Pawn Guarantee made and signed by the Debtor at the beginning of the Credit Agreement. This study aims to determine whether or not the Judge's consideration is appropriate regarding the Execution of the Mortgage Guarantee Object in the Form of Deposits belonging to the Debtor by using a power of attorney for disbursement before The debtor is declared in default by the competent District Court. This type of research uses Juridisical-Normative with a descriptive type that prioritizes a problem approach by examining literature materials, such as applicable laws, books, websites, scientific journals, articles, and other literature materials that are relevant to legal research in this script. To obtain legal writing materials, literature techniques that study the topic of the problem thoroughly are used. The method of collecting data for document studies is carried out by bringing legal problems and then analyzing them before coming to a conclusion. Qualitative analysis is used to analyze the object being studied carefully and in-depth obtained from the observation and reading of decision number 484/pdt.g/2020/PN.Dps. Results research and discussion of the legal issues contained in decision Number 484/Pdt.G/2020/PN.Dps. revealed that the basis for the consideration of the panel of judges examining the a quo case was inappropriate, because the provisions for the execution of the pawn regulated in the Civil Code for the disbursement of the collateral object in the form of deposits with a disbursement power of attorney made and signed at the beginning of the Credit Agreement. The implementation of the execution of deposit pledge guarantees is allowed (as an effort to credit settlement) which is not in accordance with the provisions of pawn execution regulated in the Law (Civil Code). Where the power of attorney that meets the elements of undue influence, so that the power of attorney does not have legality to be implemented by PT. Bank Permata Denpasar branch.