Wilson, Edbert
(2019)
Pelaksanaan parate eksekusi terhadap jaminan hak tanggungan dan jaminan fidusia atas wanprestasi debitur dalam perjanjian kredit = The implementation of the parate execution of mortgage guarantees and fiduciary guarantees for the default of the debtor in credit agreement.
Bachelor thesis, Universitas Pelita Harapan.
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Abstract
This research examines the capacity of banks to carry out collateral executions as a separatist creditors in order to get repayment from debtors under Law No. 4 of 1996 regarding Mortgage of Land along with Properties Related to the Land and Law No. 42 of 1999 regarding Fiduciary Guarantees before banks apply for bankruptcy through Law No. 37 of 2004 regarding Bankruptcy and Postponement of Debt Repayment Obligations. This research is based on one of the bankruptcy case in Indonesia between PT. Bank Internasional Indonesia as a Bankruptcy Applicant against a husband and wife, Tn. Jung Dianto and Ny. Lily Eriani Budiono, as the Bankruptcy Respondent. The Bankruptcy application is accepted by Panel of Judge of the District Court. It is due to the fullfilment of the requirement of bankruptcy request that stated in Law of Bankruptcy Act. Afterward, the defendant appeal the decision and going through cassation phase. On that phase, the Panel of Judges stated that the Bank should execute the guarantee first and the bankruptcy application is an ultimum remedium. One way of execution that a bank can do is through parate execution, because execution with parate executie will get a quick and simple execution result. Thie research uses qualitative analysis and the results of this research is showing that the Bank should execute the gurantee first before submitting bankruptcy application, because the bankruptcy application is a ultimum remedium, and the decision at cassation phase which made by the Panel of Judge is correct and appropriate.
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