Tanggungjawab Ahli Waris Debitur dalam Kredit dengan Jaminan Fidusia di PT Bni Sentra Kredit Kecil Solo

Dewi Ayu Pambudi • Pujiyono Pujiyono
Journal article Privat Law • November 2016

Abstract

This research aims to find and to explain about liability of debtor's heirs in credit settlement with fiduciary guarantee. Methods used in the collection of data using this type of empirical legal research that is both descriptive and prescriptive approach to Statue approach and conceptual approach generate primary and the data were analyzed using the method of secondary analysis interactive. Based on the results of this research, in fiduciary credit when debtor dies, the responsibility of settlement loans transferred to heirs. Obligations that set out in Article 123 of the Civil Code and Article 1100 Civil Code, and Article 1318 Civil Code, heirs automatically bear the burden of debt once the credit debtor dies, therefore the heirs obliged to make payments on the debt. Rights set out in 833 Civil Code, Article 1023 Civil Code, and Article 1318 Civil Code, confirmed that heirs have the right to continue the credit agreement and have the right on property, to those inheritance rights the heirs may refuse. Law No. 42 of 1999 on fiduciary doesn't set about liability of debtor's heirs for Fiduciary Agreement, only Article 4 Law on Fiduciary set implicitly when agreement in principal switch into heirs, and also to Fiduciary Agreement work the same. Implementation in BNI SKC Solo, heirs stated unequivocally who inherit the debt of debtor dies, and this valid and binding the heirs. Bank need to verify heirs documents since beginning Credit Agreement in order get enough information about the background of debtor dies family, this can prevent the NPL caused debtor dies.

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Privat Law

Privat Law is an annual law review published by Sebelas Maret University in Indonesia. It publish... see more