Analisis Terhadap Pengakuan Hutang Antara Orang Perorangan di Kota Duri Provinsi Riau

Abstract

Every property that serves as collateral functions as assurance of debt repayment. As an assurance of debt repayment, the property must be able to provide a feeling of security not only to the creditor but also the third party who may immediately exist. The submission of collateral which is not legally registered will not only inflict dispute on the property guaranteed but also eliminate the privilege of the collateral holder. The data for this descriptive empirical study were obtained through interviews related to the process of debt receivable up to the method of credit extension used to secure that the collateral is the creditor's hand. The data obtained were qualitatively analyzed through deductive method. The result of this study showed that borrowing money to the individuals by submitting property as the collateral is still considered attractive because it provides convenience for the borrower. To meet the interest of the community, the creditor applies various legal strategies to guarantee a certainty of the return of his money such as making a power of attorney to sell and holding the collateral with him. If the debtor/borrower does not pay the creditor's money back, the collateral will be sold as debt repayment. Yet, if the debtor/borrower cannot accept the taking of the collateral, the creditor will take this problem as a crime and report the debtor/borrower to the police.