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description Journal article public Jurnal Mahasiswa Fakultas Hukum Universitas Brawijaya

Perlindungan Hukum Terhadap Nasabah Dalam Kredit USAha Atas Sita Eksekusi Hak Guna Bangunan (Hgb) Yang Pencairannya Diberikan Oleh Bank Kepada Pihak Ketiga (Studi Kasus Sita Eksekusi Hgb Di PT. Bank Mega Cabang Manado)

Jason Alexannie Fralando Sinjal
Diterbitkan 2016

Abstrak

Writing this article is based on research that aims to analyze, assess, and identify about why customers are not protected in confiscation execution of building rights (HGB) disbursement by banks to third parties and describes how the forms of legal protection to clients in business loans on confiscation HGB execution disbursement by banks to third parties, research method used in this research is the empirical legal research with empirical juridical approach. The issuer of credit to the debtor must not associate credit default only to the debtor because external risk could also lead to the default. In this case, debtor might not in be in capacity to pay debt installments to the creditor, and from this situation, the term “default” came from. Collateral was an element of credit to ensure that the issuance would be granted. If other elements supported the conviction about the capacity of debtor for debt settlement, then the collateral might take form as commodities, projects or collecting rights that could be financed by the related credit. Credit issued by the bank to the debtor customer was arranged based on trust and caution. These considerations were taken into account because credit always brought a risk, the default was possible (when debt was not paid and installments were stopped), the duty was not fulfilled, the deadline was passed, and provisions in credit agreement were not conducted. In this case, bank suffered from the loss.

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