Legal Problems of Building Rights as Credit Guarantee in Banking Practice

Abstract

The purpose of this research is to find out the legal problems of bank credit guarantees that Building Rights guarantees in banking practice. Building Rights that can be used as collateral for credit are land rights that have been charged with mortgage rights. In the implementation of the mortgage right, the debtor sometimes neglects to pay attention to the validity period of the building rights certificate which will then be used as debt security. The certificate of Building Rights that has expired will erase the land rights while this often happens when the debtor's receivables have not been completed to the creditor, causing legal consequences to the creditor. The research method used is normative legal research. With descriptive analysis, the legal material that has been collected is processed to formulate the conclusions of the study. research results are analyzed in depth. The results of the study show that collateral is all property belonging to the debtor, both movable and immovable, both existing and new ones that will exist in the future to be dependent on all individual engagements. Before being used as collateral, the Building Rights must be given legal certainty so that the mortgage rights can be charged. Building Rights can be used as collateral for credit if the mortgage has been charged in accordance with Article 45 Paragraph (1) of PP No. 18 of 2021. Building Rights are used as credit guarantees. Negligence of the debtor who does not extend Building Rights which is a credit guarantee becomes a problem and causes legal consequences for the abolition of the mortgage right on Building Rights and also Building Rights will also be erased, causing legal uncertainty. As a result, the creditor does not have the legal force of the guarantee that has been issued. used in a credit agreement and if examined in the law of agreement, the agreement between the debtor and creditor is null and void because the object of the agreement has been deleted.

Keywords: Problematic, Building Rights, Credit Guarantee

DOI: 10.7176/JLPG/124-02

Publication date:September 30^th 2022