Executorial Power of Guarantee of Mortgage Rights Due to Merger of PT. Bank Syariah Indonesia

Abstract

This study aims to analyze the executive power of collateral rights guarantees that have undergone mergers in Indonesian Islamic banks and the implementation of execution of collateral rights in banks that have undergone mergers. The type of research used is Normative Juridical research. The problem approach that the author uses in this research is: 1). Statute approach and 2). Conceptual approach. Based on the research results, the executive power of mortgage rights has the same executive power as a court decision which has obtained permanent legal force, and if the debtor breaks the contract then based on the executive title contained in the certificate of mortgage rights, the holder of mortgage rights requests execution of the certificate of mortgage rights to the head of the competent religious court. Then the execution will be carried out like the execution of a decision that has permanent legal force. In connection with the execution of mortgage rights after a merger, refer to the provisions of Article 16 of the Mortgage Law, paragraphs (1) to paragraph (3), which state that what is meant by other causes are things- other than what is mentioned in the paragraph, such as takeover or merger of companies that cause the transfer of receivables between BNIS, BSM, and BRIS as the parties carrying out the merger, there is a transfer of receivables to the new creditor which in this case is Bank Syariah Indonesia. Then the collateral for the mortgage is also transferred to the new creditor, namely Bank Syariah Indonesia. The transfer of the Mortgage must be registered by the new creditor with the Land Office, by recording it in the Mortgage Land Register and the Land Title Register which is the object of the Mortgage and copying the record on the Mortgage Certificate and the Mortgage Recipient Certificate in this case is Bank Syariah Indonesia.