Position of guaranteed credit agreement with the submission deed of warranty and power of attorney and deed of buy back guarantee

Hutabarat, Yuni Gita (2017) Position of guaranteed credit agreement with the submission deed of warranty and power of attorney and deed of buy back guarantee. Masters thesis, Universitas Pelita Harapan.

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Abstract

The guarantee of crediting essentially serves to ensure the certainty of debt repayment if the debtor breaches an agreement or declared bankrupt. The purpose of this research is to know and explain the position of Deed of Delivery Guarantee and Authorization, and Buy Back Guarantee Deed in Credit Agreement of Banking, and legal protection for the bank on the purchase of the house in the Housing Loan (KPR) through a housing developer guaranteed by the Deed of Delivery of Warranty and Authorization, and the Buy Back Guarantee Deed. The selected research is normative legal research with the nature of descriptive analytical study and the type of data used was secondary data. The results of the study were analyzed qualitatively to be deductively drawn conclusions. The conclusion is the position of Deed of Delivery of Guarantees and Authorization, and the Buy Back Guarantee Agreement in the Credit Agreement of Banking is the requirement of the bank in the KPR distribution that there is still a condition that has not been fulfilled for the Mortgage Right, thus requesting to make the Deed of Delivery of Warranty and Power of Attorney (PJDK). The position of buy back guarantee in the Credit Agreement of Banking is a guarantee agreement that is born from the open system of the contract law adopted by Book III KUHPer, then there are no provisions that specifically regulate it, which means to return to the parties involved freely to organize according to their will. Legal protection for the Bank is more oriented to the interests of the bank as the creditor who has distributed credit to the Debtor (in the case of PJDK) and / or Developer Housing (in the case of Buy Back Guarantee), in case of default in the implementation of Credit Agreement

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