Analisis Terhadap Penetapan No.: 01/Pem.Pdt.G/Eks/HT/2010/PN-Pms Tentang Eksekusi Barang Jaminan Oleh Bank dalam Penyelesaian Kredit Bermasalah

Abstract

According to Act No. 10 of 1998 concerning to Banking it is stated that there are any things must be considered in credit providing to protect and save the customer fund that managed by bank and distributed in the form of credit, i.e.: by applying the prudential principle, has a trust or capability and ability of debtor to pay his debt based on an agreement and pay attention to the health credit principles. This research aims to study the execution process of collateral to the decision of Chairperson of Court in settle the band credit, execution of collateral is effective applied in bank and the efforts in eliminate of obstacles in the execution. In order to discuss the issue, a analytic prescriptive study was conducted by applies the normative approach. The collected data is secondary data with larger scope. The secondary data was collected through library study. The data is analyzed by quantitative juridical approach. The results of research indicates that the execution process of the collateral is based by the application of decision of the . Chairperson of Court to do the execution on collateral that bind by notary deed such as collateral Certificate. The settlement by execution mechanism of effective collateral can be applied on bank. for bad credit, because principally, gross of debt recognition deed is not a part of credit contract, and only as the recognition of pure debt without another clausal except as the pure debt. Therefore, in order to anticipate this problem, the bank as creditor anticipate this condition by an agreement of collateral binding to make easy the execution of the collateral. The Bank will get its money immediately if the credit with collateral had use the phrase "On the Justice based On belief in one God Almighty" has a right to submit the application of the execution to the Chairperson of the Court. The obstacles in the implementation of the execution of the collateral is the debtor has not yet fulfill the statement of the Deed of Collateral right and the Deed of Credit contract, the Court has opinion the has a strong reason to do the execution of public selling by auction execution.