Abstrak :
According to Article 1313 of the Civil Code, an agreement is an act by
which one or more people bind themselves to one or more people. One type of
agreement is a credit agreement. A credit agreement has a special meaning,
namely an agreement between a bank as a creditor and a debtor customer
regarding the provision of money or equivalent bills which obliges debtor
customers to pay off their debts after a certain period of time with an amount of
interest or compensation. sometimes problem loans occur because the debtor
cannot pay off the credit in a timely manner as agreed in the Credit Agreement
between the debtor and the banking company. Things that lead to problem loans,
for example because the debtor is incapacitated or due to a business downturn
and business failure resulting in reduced business income for the debtor or indeed
the debtor deliberately does not want to pay because the debtor's character is not
good as in the case of default in the credit agreement in decision No. 9 /Pdt.
G.S/2020/PN Kbm. The method used in this research is normative juridical with
analytical descriptive research specifications. The data source used is secondary
data consisting of primary, secondary and tertiary legal materials. The data
collection method was carried out through a literature study, the data obtained
was presented in narrative text, and the data analysis method used was a
qualitative normative analysis method.
Based on the results of the research and discussion, it can be concluded
that first, the legal consequence of default in a credit agreement with collateral
for land rights certificates in decision No. 9/Pdt.G.S/2020/PN Kbm is that the
debtor as the defendant must pay compensation in the form of returning principal
achievements. Submission of land rights certificates as collateral does not
transfer the guarantee of mortgage rights. Second, the basis for the Judge's
consideration in rejecting the application for the execution of the collateral object
is because the creditor's claim is not guaranteed by a mortgage guarantee. The
judge's consideration was correct, because for the birth of a mortgage right, one
must go through the imposition stage and the registration stage at the land office.
Keywords: Credit Agreement, Default, Mortgage
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