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Dissenters vs Debtors Bank Promise: A Review of Normative Juridical | Abstract
International Journal of Accounting Research

International Journal of Accounting Research
Open Access

ISSN: 2472-114X

+441518081309

Abstract

Dissenters vs Debtors Bank Promise: A Review of Normative Juridical

Sriono Kusno*, Elviana Sagala, Risdalina, Wahyu Simon Tampubolon

The purpose of this study is to analyze how the form p potential protective laws against bankers in Indonesia to provide financing
to the debtor . The form of financing provided by banks to customers is through certain businesses (UKM). Legal protection in
this case if the contract defaults. M etode used is y uridis n ormatif which refers to the provisions of positive law in Indonesia
through Law concerning Mortgage Rights and Regulation of the Minister of Agrarian Affairs and Spatial Planning / Head of
the National Land Agency of the Republic of Indonesia Number 22 of 2017 and other laws and regulations. H acyl analysis of
the study revealed that legal protection against certain banks give enough credit to the Power of Attorney Imposing Mortgage are
valid until the expiration of the debt. This is as regulated in Law No. 4 In 1996, Article 15 and arranged further in the Minister
of Agrarian And Spatial / Head of National Land Agency of the Republic of Indonesia Number 22 of 2017. However, if the
discharge ur reneged or in default then The Power of Attorney Imposing Underwriting Rights will be followed by the Deed on the
Underwriting Right and registered with the land office to obtain the Underwriting Certificate. This is done because the Power
of Attorney Imposing Underwriting Rights is only in the form of granting power of attorney and does not constitute binding on
the guarantee institution so that it does not have the power of execution. Registration into the Underwriting Right as an eff ort to
execute collateral for the defaulted debtor.

Published Date: 2021-03-02; Received Date: 2021-02-08

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