Perlindungan Hukum Bagi Kreditur Perbankan Akibat Pemberian Hak Tanggungan yang Tidak Didaftarkan (Studi pada PT Bank Sumut Kota Binjai)

Abstract

Unregistered land used as collateral by a debtor to a Bank will be considered as hypothecation. The encumbrance of hypothecation can be done directly by signing APHT (Giving Hypothecation Deed) between the Bank and land owner, made before PPAT (Official empowered to draw up Land Deeds) or indirectly through SKMHT (Power of Attorney on Giving Collateral) from the giver o hypothecation to the Bank before PPAT or Notary. The research problems are as follows: how about the SKMHT which is not registered, how about the legal consequence of SKMHT which is not registered on the credit, and how about the Legal protection for banking creditor concerning unregistered SKMHT at PT Bank Sumut, Binjai. The research used descriptive research method with socio-juridical

research approach. The data consisted of primary and secondary data which were analyzed by using qualitative method, which yields descriptive analytic data SKMHT which is not registered will have a legal consequence, depending on the law in a certain jurisdiction. Giving hypothecation usually involves registration in the Land Office or in any authoritative institution. The legal consequence is that the Hypothecation Certificate cannot be issued so that there will not be any hypothecation. Consequently, creditor gets difficulty in executing when the debtor defaults. In the Law on Hypothecation, it is stated that when a debtor defaults, the collateral can be executed by accomplishing executorial title, selling the collateral, and doing underhanded selling. Legal protection for banking creditor concerning unregistered collateral at PT Bank Sumut, Binjai is by signing the Power of Attorney to sell the collateral at the time the credit contract is made. The creditor's right on the collateral in unregistered SKMHT is by giving the right to be ahead of each other compared to other creditors. The purpose of the encumbrance of collateral is giving legal protection and certainty to all parties (especially creditor) ad also to fulfill the principle of publicity.