Perlindungan Hukum Terhadap Debitur Atas Pelelangan Rumah Yang Menyalahi Adendum Dalam Perjanjian Kredit Oleh Bank BRI. (Legal Protection for Debtors for House Auctions that Violate the Addendum in the Credit Agreement by Bank BRI).

Rizkila, Wahyu (2023) Perlindungan Hukum Terhadap Debitur Atas Pelelangan Rumah Yang Menyalahi Adendum Dalam Perjanjian Kredit Oleh Bank BRI. (Legal Protection for Debtors for House Auctions that Violate the Addendum in the Credit Agreement by Bank BRI). Undergraduate thesis, Univeritas 17 Agustus 1945 Surabaya.

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Abstract

There was an obstacle in credit payments between Bank BRI and the debtor so that the object of credit collateral in the form of a house belonging to the debtor was auctioned off by Bank BRI, however, in carrying out the auction execution for certain material collateral, Bank BRI did not carry out observations first, in fact the auction execution process was not juridical. is valid and does not have legal certainty because there is a new agreement or what is called an adendum which contains an updated term and a reduction in the nominal credit rate which is made based on the agreement of both parties. The aim of this research is to determine and analyze debtor protection on behalf of CV. Mitra Abadi regarding credit collateral objects auctioned by Bank BRI as creditor by violating the adendum in the credit agreement. This research uses a conceptual and legal approach in normative legal research. Research findings show that the debtor's legal protection in auctioning credit collateral without underlying credit restructuring and new or additional agreements is known as an adendum. This kind of protection is not preventive in nature and ignores the debtor's good intentions in completing the debt repayment task. Regarding the validity of house auctions carried out by creditors that are not based on mutual consent. Juridical analysis and legal facts regarding auctions of credit collateral that are not based on changes to credit agreements must be carried out in this research. The benefit of this research is to provide legal truth and legal certainty in carrying out auction executions in accordance with procedures as per the regulations for auction implementation in order to create justice, honesty and legal certainty. auctions regulated in the Regulation of the Minister of Finance of the Republic of Indonesia Number 213/Pmk.06/2020 concerning Guidelines for Implementing Auctions. The conclusion in this case is that there was a credit payment bottleneck experienced by the debtor which caused the house as credit collateral to be auctioned by Bank BRI without looking at other supporting data.

Item Type: Thesis (Undergraduate)
Uncontrolled Keywords: Auction; Guarantee; Credit Agreement; Adendum
Subjects: K Law > K Law (General)
Divisions: Fakultas Hukum > Program Studi Ilmu Hukum
Depositing User: 1312000057 Wahyu Rizkila
Date Deposited: 04 Mar 2024 04:36
Last Modified: 04 Mar 2024 04:36
URI: http://repository.untag-sby.ac.id/id/eprint/30100

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