Pelindungan Hukum terhadap Bank Tabungan Negara Cabang Medan dalam Penyelesaian Kredit Macet terhadap Objek Jaminan yang Belum Terpasang Hak Tanggungan (Studi Kasus Putusan Pengadilan Negeri Medan Nomor: 561/PDT.G/2020/PN-MDN)

Abstract

In the Medan District Court Verdict No. 561/Pdt.G/2020/Pn.Mdn, it is found that there is no hypothecation in the collateral, and the client undergoes non- performing loan. The case is between PT Bank Tabungan Negara (Persero) Tbk, Medan Branch Office as the plaintiff and creditor, and UD Sejahtera as the Defendant I and debtor. The objective of this research is to find out and analyze what factors caused the collateral to have no hypothecation, how to settle non- performing loans in this Bank whose collateral has no hypothecation, how about the legal protection for the Bank in non-performing loans concerning collateral which have no hypothecation. The research uses a juridical normative method with a descriptive analytic approach which examines legal provisions concerning legal theories as the research object. The data were gathered by conducting library research and interviews and analyzed using a qualitative method. The result of the research shows that the factors which cause the collateral has no hypothecation are as follows: the problem of the notary/PPAT in making SKMHT, administrative problems such as high cost, uncertified or unregistered land, the collateral for making APHT is not in the working area of PPAT. Another factor is sociological obstacles, juridical obstacles about the term of SKMHT, obstacles from the petitioner being absent in the process of surveying, and obstacles from the Agrarian and Spatial Office of the National Land Office. The reason of making and using SKMHT is about subjective reasons as follows: The petitioner cannot attend by himself in making hypothecation deed, prolonged procedure of the burden of hypothecation takes a long time, high cost for using hypothecation, short term credit, small credit, and bona fide debtor. Objective reasons are as follows: certificate is not issued yet, land transfer title of the hypothecation giver is not done, splitting/combining of land has not been completed in the name of hypothecation giver, Cancellation has not been done, The settlement of non-performing loan in the Bank which collateral has no hypothecation is through summons and suit to the debtor. For legal preventive protection in giving credit, the Bank should pay attention to its process properly and healthily, followed by comprehensive analysis, especially on the character and capacity of the debtor-to-be by doing prudent banking principle and repressive legal protection by preparing a professional legal team and preparing its evidence in submitting the complaint.