Skripsi
PERLINDUNGAN HUKUM BAGI BANK SEBAGAI KREDITOR PEMEGANG JAMINAN HAK TANGGUNGAN YANG DIRAMPAS OLEH NEGARA DALAM TINDAK PIDANA KORUPSI DITINJAU DARI HUKUM POSITIF DI INDONESIA
The implementation of liability as collateral in bank credit must be protected by both creditors and creditors. For the guarantee of mortgage rights, creditors have a preferential position in repayment. In the event that the state object of collateral is confiscated in relation to follow-up, the creditor's preferred rights cannot be made. The purpose of this study is to examine the position of objects Recognition of liability deprived of the state and understand what the bank can do in maintaining its executive seizure.
The research method used in the discussion of this thesis is descriptive analysis that is analyzing by presenting facts and facts based on facts relating to implementation. Mortgage rights as access agreements from credit agreements issued by banks.
The results of this study indicate that the total deprivation carried out by the state against objects still bound by mortgage rights in a bank credit agreement does not take into account the interests of creditors as collateral holders. For this reason, a third party who feels disadvantaged over the seizure of an object of guarantee can submit an objection to the decision as stipulated in article 19 of the Law on the Eradication of Corruption Crimes. Besides that, it is also necessary to apply the principle of 5c's which is good in lending in order to accommodate the risks of bad credit that will exist in the future.
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