Analisis Yuridis Pendaftaran Hak Tanggungan Guna Kepastian Hukum Penyelesaian Kredit Bermasalah (Studi Kasus Pada Kantor Pertanahan Kabupaten Kampar-riau)

Krisna, Agus (2021) Analisis Yuridis Pendaftaran Hak Tanggungan Guna Kepastian Hukum Penyelesaian Kredit Bermasalah (Studi Kasus Pada Kantor Pertanahan Kabupaten Kampar-riau). Other thesis, Universitas Islam Riau.

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Abstract

ABSTRACT For legal certainty, the Deed of Granting Mortgage (APHT) must be registered at the Land Office a maximum of 7 (days) after the APHT is numbered and dated. The Land Office as the Trustee of the PPAT may impose sanctions on the PPAT for such negligence. The problem of delay in the registration of Mortgage Rights will be a problem when problems occur in the context of resolving non-performing loans or financing as regulated in Article 20 of Law Number 4 of 1996. The formulation of the problem is how is the implementation of the registration of mortgage rights for legal certainty in the settlement of nonperforming loans (Case Study at the Land Office of Kampar Regency - Riau)? What is the form of settlement of Non-performing Loans that have been charged with Mortgage (Case Study at the Land Office of Kampar-Riau Regency)? What are the obstacles faced in resolving Non-performing Loans that have been charged with Mortgage Rights (Case Study at the Kampar-Riau Regency Land Office) and efforts to overcome these obstacles? In conducting this research, the researcher uses the Sociological legal research method (empirical) or observational (observational research) which is descriptive analytical with an empirical juridical approach by means of interviews and questionnaires. The implementation of the registration of mortgage rights for legal certainty for the settlement of non-performing loans (Case Study at the KamparRiau Regency Land Office) has been carried out electronically. Before using the Electronic Mortgage system, Mortgage Registration is done conventionally by submitting complete documents that are a requirement for registration of mortgage rights to the counter provided at the land office. Forms of settlement of Non-performing Loans that have been charged with Mortgage include the Bank selling the object of mortgage with its own power, selling the object of the mortgage through a public auction or sale of selling the object of the mortgage through underhand sales. Constraints faced in the settlement of Nonperforming Loans that have been charged with Rights are Lawsuits in the District Court and State Administrative Court (PTUN), The price of the specified auction object is lower than the loan, Blocking and confiscation of Mortgage objects, The existence of a police report on land The problem is the problem of emptying the mortgage object after the auction is carried out. Efforts that can be made to overcome obstacles include : Banks can provide adequate explanations related to lending and the legal consequences of negligence in credit payments. Whereas the Bank in the process of resolving non-performing loans, must carry out procedural procedures, the creditor may submit an application to the court to impose a confiscation of collateral on the object of the guarantee.

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