Kedudukan Hukum Developer Sebagai Debitur Dalam Hal Sertifikat Hak Milik Yang Dijadikan Agunan Pada Bank Yang Mengalami Likuidasi

Abstract

Bank liquidation can have significant legal consequences, especially for debtors such as developers who hold certificates of ownership on land used to secure loans. According to Law Number 4 of 2023 on the Development and Strengthening of the Financial Sector, bank liquidation involves asset liquidation and debt collection, which can affect the legal standing of debtors, particularly regarding the transfer or sale of pledged assets. Bank liquidation creates difficulties for PT Genali Raya in fulfilling its credit obligations, resulting in losses and legal uncertainty for the debtor. This study aims to analyze the legal status of the certificate of ownership used as collateral in a bank undergoing liquidation, as well as the legal protection for the owner of the certificate of ownership. The study also examines the judge's considerations in providing legal protection to the developer in cases involving banks undergoing liquidation. This study employs a normative research approach. Data collection is done using library research techniques, and data analysis is conducted with a qualitative descriptive approach. The research findings indicate that the legal position of a developer as a debtor in a liquidated bank is both as the owner of collateral and as a party obliged to settle their debts. Developers are entitled to legal protection to ensure that the liquidation process is transparent and fair, including guaranteeing that the collateral is not auctioned without an opportunity to fulfill their obligations. However, in the liquidation of PT. BDNI by BPPN or DJKN/PKNSI, the debtor was not given the opportunity to repay their debt, forcing the collateral in the form of a land title certificate to be reacquired through an auction process. The legal certainty of the developer's land title certificate as collateral in a liquidated bank has become ambiguous. The certificate belonging to PT. Genali Raya, which was expected to be reclaimed through the repayment of the remaining loan, was instead planned for auction by BDNI. Legal protection for developers as debtors of liquidated banks ensures that the collateral will not be auctioned or transferred unilaterally. The collateral must be managed in accordance with transparent procedures, allowing developers the opportunity to settle their outstanding debts before actions such as auctions are undertaken.