当债务人违约时,公证人/PPAT在信用协议和责任权利授予契约(APHT)中的责任

Muhammad Hudallah, Anis Mashdurohatun., Widhi Handoko
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引用次数: 1

摘要

本研究旨在了解在工业化时代的今天,信用是一种离日常生活不远的东西。对于社会来说,无论是富人还是穷人,信贷都是满足人们生活需求的一种解决方案,如:衣、食、住。担保是重要的信用原则之一。在发生在社区的信贷活动中,可以注意到,通常经常需要提供信贷担保。信用担保将有几种功能,其中之一是在债务人违约时确保信用偿还。信用担保在确保银行退款方面发挥着重要作用。本研究使用的方法是社会学和法学方法。社会学的法律方法是一种通过观察社会中的法律现实的方法。土地是一种被广泛用作偿还贷款抵押品的不动产。由于土地具有很高的经济价值,而且总是在不断增长,因此土地抵押权经常被用来获得信贷便利。在债权人与债务人之间的协议中,作为抵押品的土地权利可以通过使用抵押权来约束。结果显示,公证员/PPAT的角色和功能在协助政府和其他需要提供确定性,秩序和法律保护的各方,在制作真实的契约和登记抵押权,直到证书由土地代理机构发出是重要的。
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Responsibilities of Notaris/PPAT in Credit Agreements & Deed on Granting of Liability Rights (APHT) When the Debtor is in Default
This research aims to know that in the current era of industrialization, credit is something that is not far from everyday life. For the community, both wealthy and underprivileged, credit is a solution to meet the needs of people's lives such as: clothing, food, housing. One of the important credit principles is collateral. In credit activities that occur in the community, it can be noted that generally it is often required to provide credit guarantees. Credit guarantees will have several functions and one of them is securing credit repayment if the debtor is in default. Credit guarantees have an important role in securing bank refunds. The method used in this research was a sociological juridical approach. A sociological juridical approach was an approach by looking at a legal reality in society. Land is one of the immovable objects that are widely used as collateral for loan repayment. Mortgage rights over land are often used to obtain credit facilities because land has a high economic value and always increases from time to time. Land rights as collateral in agreements between creditors with the Debtor can be bound by using Mortgage Rights. The result show that the role and function of a notary/PPAT is important in assisting the government and other parties in need to provide certainty, order and legal protection in making authentic deeds and registration of Mortgage Rights until a certificate is issued by the Land Agency.
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