Hak Kreditur dalam Eksekusi Hak Tanggungan (Studi Kasus Kredit Macet di PT. Bank Perkreditan Rakyat Prima Madani)

Abstract

Collateral in banking credit plays a crucial role in ensuring legal certainty and protection for creditors. In practice, banks prioritize tangible collateral, yet the execution of such collateral often encounters legal obstacles. This study examines the legal certainty surrounding the enforcement of mortgage rights by Bank Perkreditan Rakyat Prima Madani, as reflected in judicial considerations and court rulings The research and writing method employed in this thesis is normative legal research with a descriptive-analytical approach. The data consist of primary, secondary, and tertiary legal materials, which were collected through library research techniques and analyzed using normative data analysis methods. This study concludes that both tangible and personal guarantees in banking credit serve as essential instruments to ensure legal certainty for creditors in managing the risk of default. Mortgage rights are regarded as the most effective form of collateral due to their executorial nature, although in practice they often face administrative and legal challenges such as disputes or auction difficulties. The effectiveness of enforcement largely depends on procedural completeness, alternative resolution methods such as asset evacuation, and the active role of the courts in ensuring justice and legal compliance. Therefore, the implementation of mortgage rights requires not only a strong legal foundation but also synergy among regulations, law enforcement authorities, and internal banking policies to achieve optimal results.