Legal Protection for Creditors in Credit Agreements with Mortgage Guarantees

The main problem in the research is how legal protection is for creditors in credit agreements with collateral. The research method used is normative legal research, which is conceptualized in a statutory regulation, and examined in relation to protection for creditors in credit agreements with collateral for mortgage rights. The results of the research show that legal protection for creditors is that they are given the right to take repayment of debts to previous creditors in the form of executing the object of collateral rights using method (1). Parate execution (direct execution), namely the creditor holding the first mortgage right has the right to sell the object of the mortgage right under his own authority through a public auction. (2). Execution with the assistance of a judge is a request for execution by the creditor to the Chairman of the District Court to carry out the execution with a judge's decision which has definite and binding legal force. (3). Execution of sales under the hand, namely an agreement between the giver and the holder of the mortgage right to carry out a sale under the hand of the object of the mortgage right to obtain the highest possible price that is useful for all parties.

Authors

Institutions

Publication Details

Journal
JIHAD Jurnal Ilmu Hukum dan Administrasi
Published
2024-12-01
DOI
https://doi.org/10.58258/jihad.v6i4.7595
Primary Topic
Corporate Insolvency and Governance
Type
article
Field-Weighted Citation Impact
0.00
Controls
|||
ALL TIME
JAN
FEB
MAR
APR
MAY
JUN
JUL
AUG
SEP
OCT
article

Legal Protection for Creditors in Credit Agreements with Mortgage Guarantees

M. Husni Tamrin, B Sumiyati, Vidya Gumanti
JIHAD Jurnal Ilmu Hukum dan Administrasi
Corporate Insolvency and Governance
article

Legal Protection for Creditors in Credit Agreements with Mortgage Guarantees

M. Husni Tamrin, B Sumiyati, Vidya Gumanti
article en

Abstract

The main problem in the research is how legal protection is for creditors in credit agreements with collateral. The research method used is normative legal research, which is conceptualized in a statutory regulation, and examined in relation to protection for creditors in credit agreements with collateral for mortgage rights. The results of the research show that legal protection for creditors is that they are given the right to take repayment of debts to previous creditors in the form of executing the object of collateral rights using method (1). Parate execution (direct execution), namely the creditor holding the first mortgage right has the right to sell the object of the mortgage right under his own authority through a public auction. (2). Execution with the assistance of a judge is a request for execution by the creditor to the Chairman of the District Court to carry out the execution with a judge's decision which has definite and binding legal force. (3). Execution of sales under the hand, namely an agreement between the giver and the holder of the mortgage right to carry out a sale under the hand of the object of the mortgage right to obtain the highest possible price that is useful for all parties.

JIHAD Jurnal Ilmu Hukum dan AdministrasiVol. 6(4)
Universitas Ichsan Gorontalo (ID)
Openalex Percentile: Top 57%
Corporate Insolvency and Governance
AI Navigator

Ask Laika to Summarize, Analyze, and Connect papers live on the map.

Summarize Papers & Methodologies

Extract key findings, datasets, and comparative methods across publications.

Benchmark Rankings & Visual Analytics

Rank top research institutions, authors, funders, topics, and journals by Field-Weighted Citation Impact (FWCI) and paper volume with instant charts.

Connect Distant Disciplines

Bridge topological clusters on the map to find hidden collaborative intersections.