Legal Protection for Debtors in Credit Agreements with Mortgage Guarantees Accompanied by the Power to Sell at PT. BPR Pasar Boja, Semarang City Branch

Abstract

Various social dynamics give rise to various forms of legal acts, one of which is in the form of agreements. Initially, the agreements made were only verbal and practical, the procedures were not standard, and were made as they pleased. As for the power of sale which is made simultaneously with the debt and receivables agreement, this raises legal issues as to whether the power of sale is valid or not. And what is the legal protection for debtors as power of attorney, whether they are harmed by the power of sale. The method in this writing is sociological juridical. A creditor's guaranteed right to recover his receivables when the debtor is in default is in a credit agreement with an authentic deed, which has executorial force and is the basis for execution if the debtor breaks his promise. Meanwhile, the selling power of attorney made and signed by the creditor and the debtor at the time of credit disbursement or at the time of signing the credit agreement is contradictory, however, the selling power of attorney is agreed upon by the creditor and debtor as an effort to resolve bad credit by the debtor as stipulated in Article 20 paragraph ( 2) Law Number 4 of 1996 concerning Mortgage Rights. A sale and purchase agreement for a mortgage object as collateral between a creditor and a buyer based on a power of attorney to sell, if it does not meet the requirements of Article 20 of Law Number 4 of 1996 concerning Mortgage Rights above, does not provide legal protection.