Legal Protection for Creditors in Credit Agreements for Mortgage Objects if the Debtor Defaults (Case Study at the BRI Majalengka Branch Office)

Abstract

Money lending and borrowing activities have been carried out for a long time in people's lives who have known money as a means of payment. In reality, many debtors are unable to pay credit because they cannot run their business, this is caused by several things, including a disaster experienced by the debtor. This research aims to determine and analyze the legal protection of creditors in credit agreements for mortgage objects if the debtor defaults and to analyze obstacles and solutions if the debtor defaults in credit agreements with mortgage rights. The method used in this research uses a sociological juridical approach. In this research the author uses qualitative data analysis. Primary data collects data by observation and interviews, while secondary data uses existing library sources and books. Based on this research, it can be said that to guarantee legal certainty from both parties, the debt agreement must be trademarked and legalized by an authorized official, namely a notary, so that the agreement has legal force that is binding on both parties and the obstacles or barriers faced by creditors in regarding PT Bank Rakyat Indonesia (Persero) Tbk. Balida Branch to handle bad credit collection includes economic, domicile, nature, health and family factors. Apart from that, efforts are being made to resolve bad debts for debtors by executing collateral for debtors' collateral rights.