| dc.description.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. | en_US |
