PERLINDUNGAN HUKUM TERHADAP PIHAK KETIGA DENGAN TIDAK DILAKSANAKANNYA PRINSIP KEHATI-HATIAN OLEH BANK ( PRUDENT BANKING PRINCIPLE) DALAM PERJANJIAN KREDIT DENGAN MEMAKAI JAMINAN
| Main Authors: | , Heru Sugiyono, , Prof. Dr. Nindyo Pramono, SH. MS., |
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| Format: | Thesis NonPeerReviewed |
| Terbitan: |
[Yogyakarta] : Universitas Gadjah Mada
, 2011
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| Subjects: | |
| Online Access: |
https://repository.ugm.ac.id/90810/ http://etd.ugm.ac.id/index.php?mod=penelitian_detail&sub=PenelitianDetail&act=view&typ=html&buku_id=51935 |
Daftar Isi:
- Currently it is found many cases of violation (un-applied) on the prudential principle that occur in the national banking which cause, among others, losses to a third party as the owner of collateral object who proved as never pledging or giving any permit to another party to pledge his/her property of land to a bank. The prudential principle must be applied by banks especially in term of credit granting through an accurate and thorough analysis, correct channeling, a good supervision and monitoring, valid and legally acceptable agreement, a strong binding of collateral as well as an organized and complete credit affairs documentation. This research was intended to find out various legal aspects that could be taken by a third party as the collateral owner in the context of gaining legal protection and bank�s responsibility in respect of the un-applied prudential principle by Bank in a credit agreement on a collateral pledged by a Debtor against the law. The method used in this research was the bibliographical study method, i.e. by collecting, reading and studying as well as analyzing systematically any secondary data that cover primary legal materials, secondary legal materials and tertiary legal materials The results of research gave birth to several conclusions. First the form of a legal protection for a third party detrimented due to the un-applied prudential principle by bank was only set forth in general in the Criminal Law code and Civil Law code. Second, there was no banking statutory regulation in Indonesia in place yet that regulates a bank�s accountability to a third party as the owner of a collateral when the prudential principle was not applied in a credit agreement on collateral pledged by a Debtor against the law.