EKSEKUSI BARANG JAMINAN FIDUSIA DALAM PERJANJIAN KREDIT PADA PT. BANK PERKREDITAN RAKYAT ARMINDO KENCANA CABANG BATU
| Main Author: | YASIN, MOCHAMMAD |
|---|---|
| Format: | Thesis NonPeerReviewed Book |
| Bahasa: | eng |
| Terbitan: |
, 2015
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| Subjects: | |
| Online Access: |
http://eprints.umm.ac.id/21227/1/jiptummpp-gdl-mochammady-40181-1-pendahul-n.pdf http://eprints.umm.ac.id/21227/2/jiptummpp-gdl-mochammady-40181-2-babi.pdf http://eprints.umm.ac.id/21227/ |
Daftar Isi:
- Banks have risks in providing bank loans to the debtor; therefore bank requires collateral to grant loans. The collateral of moving objects given by the debtor must follow the transfer of ownership on trust to the bank in accordance on Law No. 42 Year 1999 on Fiduciary Guarantee. This intends to obtain legal certainty of guarantees execution, hence the execution of the collateral can be completed easitly. This study employs a descriptive method, intended to provide the data as complete as possible about the execution process of collaterals and the actions. This will be executed by PT. BPR Armindo Kencana Batu when the collaterals completely destroyed or lost. Source of data were secondary data which were obtained from a second souerce or not from the original source. Secondary data could from the data presented in the formbof tables. Graphs, etc. Data collection were taken from documentation, meanwhile the data were analyzed by using qualitative descriptive method. This study aimed at investigating the execution process of fiduciary guarantee object done by PT. BPR Armindo Kencana Batu. In addition, it also intended to know the way in solving the loans problem and determining the actions of PT. BPR Armindo Kencana Batu in case the collateral was destroyed or lost. The results of this study revealed that the execution of the collateral is the last effort of bank in case the debtor of bank was default. The executions were done by three ways; they were the execution with the sale by the hand, the execution with the sale of fiduciary powers, and lastly the execution with the execulator title. Execution by the execulator title were used if the debtor has less good intention to pay off all of its obligations. The next results on the bank acts when fiduciary guarantee was destroyed or lost/ scorch were by registrating the collateral to the insurance institution since the first item received by the bank. Along with the insurance when the items were lost or destroyed, therefore banks can claim against the insurance institution to get compensation for lost destroyed collateral.