Kedudukan Kreditur Pemegang Hak Tanggungan terhadap Pelaksanaan Lelang Kredit Macet (Studi Kasus pada Bank BTPN Medan)

Abstract

Banks are financial institutions that work based on trust. In their operational activities, banks collect funds from the public in the form of savings and distribute these funds back to the public in the form of credit. Before providing credit, banks ask for collateral from debtors with the aim that the credit given can be returned. UUPA states that Ownership Rights, Cultivation Rights, and Building Rights can be used as collateral for debts with the burden of mortgage rights. This study aims to determine the criteria for problematic debtors, the position of mortgage rights, and the implementation of auctions at Bank BTPN Medan which conduct auctions as a last resort taken by creditors/banks because no agreement or solution is found for debtors to complete their obligations The type of research used in writing this thesis is normative legal research using primary and secondary data, namely with a statute approach and a conceptual approach. The data collection technique in writing this thesis uses library research and field research and the data is processed and analyzed qualitatively. Based on this research, it is concluded that the provision of credit by banks cannot be separated from the consequences it causes, namely Bad Credit whose criteria are Substandard Credit, Doubtful Credit and Bad Credit. Article 6 of Law No. 4 of 1996 concerning Mortgage Rights on Land and objects related to land basically states that the holder of the mortgage right has the right to sell the mortgage right under his own authority through a public auction. The auction requested by Bank BTPN Medan to KP2LN was held by PT. Balai Lelang Sukses Mandiri (BALESMAN) based on the Work Agreement Letter. Then the KP2LN official determines and carries out the auction.