The implementation of simple lawsuit in non-performing loan by binding a power of attorney to impose mortgages right (SKMHT)
Keywords:Bank Credit; SKMHT; APHT; Simple lawsuit.
In general, credit risk is due to failure or default. The guarantee will ease the creditor to supervise the debtor for his debt and also minimize the occurrence of problems in the future. The finish of bad credit by creditors still has many obstacles because the binding using SKMHT (Power of Attorney to Impose Mortgages Right) has not been upgraded to the binding of APHT (Deed of Granting of Mortgage). This results in settlements through legal wat that can’t be carried out by the bank. This research aims to provide an alternative settlement of bad credit through a Simple lawsuit. This type of research is normative legal research. The data collection method was in the form of library data by collecting primary legal materials, such as legislation, and secondary legal materials, such as literature, books, and documents. The characteristics of this research were prescriptive research. In the process of resolving non-performing loans through litigation, it was only carried out when non-litigation efforts have been unable to provide a solution. This was due to the nature and function of the Power of Attorney to Impose Mortgages Right (SKMHT) only as a power of attorney to provide the Deed of Granting of Mortgage (APHT). It was not allowed to contain other legal actions other than those described in Article 15 of the Mortgage Law. Simple lawsuit is a mechanism for resolving cases quickly. examined is a simple case with a material claim value of at most 500 million that can be settled with a simple lawsuit following PERMA Number 4 of 2019.
BARa. (2012). Bankir Association for Risk Management, Banker Association for Risk Management (BaRa). hlm. II-2
Elucidation of Article 1 paragraph (11) of the 1998 Law on Banking
Erman Rajagukguk,” The Role of Law in Development in the Era of Globalization” Journal of Business Law, 6 (II) hlm. 114
Harahap. MY. (1997) Some Overview of Legal Issues Book Two. of Aditya Bakti. Bandung. Hlm 210
Karim. Abdillah. K. Abdillah. AR. (2022. Simple Lawsuit In Process. Julia. 10 (II) hlm 119-130
Kuswandi. & Nasichin. M. (2019). Settlement of simple lawsuits in civil cases in court. V 8(II) hlm. 236-261
Munir. F. (1996) Contemporary Credit Law, Citra Aditya Bakti. Bandung. hlm. 66
Marzuki. PM. (2010). Penelitian Hukum, Kencana Prenada. Jakarta. Hlm. 35
Poesoko. H. (2008), Parate Executie Mortgage right, Laksbang Pressindo, Yogjakarta, Hlm.4
Purnawati. E. (2020). application of simple lawsuits in the settlement of default cases in district selong. Juridica . V 2 (I) November. Hlm 28
Rachmawaty. N. (2014). The Role of the Bank's Internal Audit in Controlling Legal Risk in the Credit Provisioning Process by the Bank,Universitas Gadjah Mada. Yogyakarta. Hlm. 83
Riyanto.B & Sekartaji. H. S. (2019). Masalah-Masalah Hukum, Jilid 48 No.1. Januari Hlm 98-110
Rosita. A. (2021). Credit Agreement with Power of Attorney Imposing Mortgage on the Binding Agreement for Sale and Purchase of Land Rights (Study on Pt. Bank Mandiri (Persero) Tbk. Universitas Islam Sultan Agung, Kendari Hlm. 1
Sjahdeini. SR. (1999) Provisions on Mortgage Fundamental Principles and Problems Faced by Banking (A Study on the Mortgage Law). Bandung. Hlm. 26
Sutedi. A. (2012). Hukum Hak Tanggungan, Sinar Grafika, Jakarta. Hlm. 24
Widjanarto, (2007). Hukum dan Ketentuan Perbankan Di Indonesia, PT. Pustaka Utama Grafiti, Jakarta, Hlm. 81
Laws and regulations
Undang-Undang Tahun 1998 Tentang Perbankan
Undang-Undang Nomor 4 Tahun 1996 tentang Hak Tanggungan
PERMA Nomor 4 Tahun 2019
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