PELAKSANAAN PERJANJIAN KREDIT DENGAN JAMINAN ATAS TANAH HAK MILIK YANG DIIKAT DENGAN HAK TANGGUNGAN DI PT. BANK RAKYAT INDONESIA (PERSERO) Tbk CABANG LIMBOTO KABUPATEN GORONTALO

Abstract

Bank as one of the most important monetary institution have a big role in society life, in running the role Bank acts as one of the monetary institution with the purpose to chanelling credit, and other finance services. PT Bank Rakyat Indonesia (Persero) Tbk Cabang Limboto in chanelling credit to the society as a creditor have an own procedure. The Agreement of Credit procedure have a several phase. Every credit making among The Bank as a creditor with a debitor must be poured in The Agreement of Credit, after The Agreement of Credit signed by The Bank as a creditor with a debitor it is continue with The Agreement of Collateral Binding. One kind of collateral wich accepted by The Bank is a land with property rights binding with Mortgage. The Agreement of Collateral Binding of land property rights binding with Mortgage, is wellknown with The Encumbering of Mortgage. The Encumbering of Mortgage have two phase to be pass by, first is giving Mortgage phase marked by making an act by The Official of Land, at the second phase is registration of Mortgage of The Land Affairs Office wich indicated that the right is born. The Implementation of Agreement of Credit with a collateral of land property rights wich binding with Mortgage in PT Bank Rakyat Indonesia (Persero) Tbk Cabang Limboto in practice had to face a lot of trouble, first the agreement giving by a debitor in Agreement of Credit with a form of Standard Contract in Bank Rakyat Indonesia Cabang Limboto considering interfere with freedom of contract ground rule, land property rights as the objects of Mortgage is uncertificate, land property rights that encumbering with Mortgage is separating in several rights of land. Land property rights encumbering with Mortgage is owned by a few people, and the last if the debitor wanprestasi. To solve those problems mentioned, This Thesis will give the way out that expected can be usefull to the development science of law.