Perlindungan Hukum Bagi Kreditur dengan Objek Tanah yang Belum Terdaftar sebagai Jaminan dalam Perjanjian Kredit Umum Pedesaan (Studi pada Bank Rakyat Indonesia Unit Pajak Melati Medan, Kelurahan Tanjung Selamat)

Abstract

According to Article of Law Number 4 of 1996 on Mortgage Right, the object of Mortgage Right must be registered. Therefore, the unregistered land certificate cannot be used as the object of mortgage right. However the legal issue that is still found in the field is that unregistered land certificate is used as Bank collateral although it cannot be bound with Mortgage Right. The unregistered land certificates include Subdistrict Head Decision Letter, Village Head Decision Letter, and Release of Rights and Compensation whict are used as collateral to obtain Village Public Credit facility at BRI, Pajak Melati Unit in Medan. Therefore, the research aims to find out the legal standing of collateral objects that have not been registered collateral objects if he/she fails to pay KUPEDES loan, and the solutions for creditors and debtors regarding failure to pay KUPEDES loan with unregistered collateral objects The research employs normative method, supported by interview. This descriptive analytical research is conducted using data collection instruments, namely document study, literature study and interviews. Data obtained are analyzed legal verbalization The results indicate that the legal standing of unregistered collateral objects, which are used to receive KUPEDES facilities at BRI Pajak Melati Unit in Medan, may be used as collateral based on the Decree of the Directors of Bank Indonesia Number 23/69/KEP/DIR/1991. This decree allows the use of unregistered objects to be used as collateral as long as it is based on the Power of Attorney for Mortgage Rights Imposition. The legal protection for creditors for the unregistered collateral objects should be granted by BRI, however, BRI’s negligance as creditors to include SKMHT in KUPEDES facility has resulted in the absence of legal protection for BRI. The solution for creditors and debtors, in terms of failure to pay KUPEDES loan with unregistered collateral objects, generally is resolved by selling the collateral underhandedly as the last resort by the Bank based on the Power of Attorney to sell which has been signed by the Bank and Debtor. It is hoped that the collateral object must be in the form of Certificate of Ownership Right and it is bound using SKMHT, the government make a clearer and more detailed regulation regarding the execution of unregistered collateral. The solution for creditors and debtors regarding the KUPEDES facility is by upgrading the Subdistrict Head Decision Letter and Village Head Decision Letter to Certificate and drawing up a Deed of Granting Mortgage Rights.