Pemberian Kredit Usaha Kecil dengan Jaminan Tanah Belum Bersertipikat dalam Praktik Bank BUMN dan BUMD (Studi di PT. Bank Mandiri Medan dan PT. Bank Sumut Medan)

Abstract

According to the provisions of article 10 paragraph (3) of the Mortgage Rights Law, land that has not been certified can be used as an object of Mortgage Rights, provided that the registration of the Mortgage Rights is carried out simultaneously with the registration of rights to the land in question. This does not provide legal certainty for creditors, because land rights must be registered first before mortgage rights can be registered. The formulation of the problem in this thesis research is what is the legal regulation for granting small business credit with uncertified land collateral in Indonesia, what is the process of binding small business credit with uncertified land collateral at PT. Bank Sumut Medan, what is the legal protection for creditors in granting credit secured by land that has not been certified. The research method used is a normative legal research method supported by empirical juridical data. The types of data for this research are primary data and secondary data and are arranged systematically and analyzed qualitatively and draw conclusions deductively. From the research results, it can be seen that the legal regulations for granting small business credit with uncertified land as collateral in Indonesia are linked to the principle of prudence in granting micro business credit at PT Bank Sumut. The granting of credit basically applies the precautionary principle where the 5C principle is applied. used as analysis in granting credit. The process of binding small business credit with collateral for land that has not been certified at PT. Bank Sumut Medan has been running quite well, although some of the collateral imposition processes have experienced delays. For land that is used as collateral for Mortgage Rights, land that has not been registered, the Notary/PPAT will first make a SKMHT before making an APHT. The SKMHT period itself is 3 (three) months, if this period passes then the SKMHT is no longer valid, where in practice there are still SKMHTs that are no longer valid due to the Ownership Certificate which will be attached with legal protection rights to creditors in granting credit. with uncertified land as collateral, they receive less legal protection and lose preferential rights to uncertified collateral which is handed over by the debtor to the bank if it turns out that the debtor is in default at a later date.