PERLINDUNGAN HUKUM BAGI KREDITUR DALAM PELAKSANAAN EKSEKUSI HAK TANGGUNGAN DENGAN BERLAKUNYA UNDANG-UNDANG NOMOR 4 TAHUN 1996

Abstract

The payment of credit given by creditors / banks cannot possibly be paid on the due date. To minimize the risk that generated by the stuck credit, to take care of the bank condition remains efficient and well, to protect the fund mustered by the bank properly as well, one of the efforts in giving protection and the rule of law for creditors / banks rapidly with light expense, is to strengthen the credit guarantee institution in the Implementation of Guaranteed Rights on Land and Objects which are related to Land caused by Undang-Undang Nomor 4 Tahun 1996. The execution of guaranteed rights on credit guarantee as one of efforts of the law protection for creditors finds some problems, the one is, has the Implementation of Guaranteed Rights in Execution caused by Undang-Undang Nomor 4 Tahun 1996 given the Law Protection for Creditors in the way of dealing with the stuck credit? This is a study about normative law which is characterized in descriptive analysis. It is descriptive because this study is expected to explain clearly how The Law Protection for Creditors in the Implementation of Guaranteed Rights in Execution caused by Undang- Undang Nomor 4 Tahun 1996 is. It is analysis because the data obtained has been analyzed in qualitative. From the study, it is known that the Implementation of Guaranteed Rights in Execution caused by Undang-Undang Nomor 4 Tahun 1996 has given the law protection for creditors by giving the free will to banks / creditors by their virtue of power to conduct the sale of guaranteed rights object, or the execution on guaranteed rights which is executed based on the executorial title on the certificate of guaranteed rights, or creditors conduct the sale of guaranteed rights objects based on the agreement between the creditors and the owner of guaranteed rights that gives the advantageous intention to all parties. In the execution on guaranteed rights by parate execution, debitors should be also protected deservedly on their rights for getting the high enough selling price according to their desire as the giver of guaranteed rights and the owner of guaranteed rights object as well.