PERLINDUNGAN HUKUM BAGI KREDITOR KETIKA BARANG JAMINAN MUSNAH

Abstract

Legal protection regarding property interests that usually regulates objects, these objects in the discussion of civil law include objects that are the object of collateral. Legal acts of pawning, mortgage, fiduciary or collateral initially begin with a credit agreement which is basically regulated in Book III of the Civil Code regarding obligations. In this agreement only gives the parties rights and obligations between receivables and creditors. The first problem formulation is what is the legal protection for creditors when collateral is destroyed, secondly what is the position of the credit agreement when collateral is destroyed. This research method is normative or doctrinal by using two approaches, namely the statutory approach and the conceptual approach. The statutory approach is carried out by examining all laws and regulations related to legal issues. The first research result of Article 1131 of the Civil Code is about the general guarantee given to creditors when the collateral is destroyed to become concurrent creditors and secondly that the credit agreement which is the main agreement will remain valid as long as the agreement has not been terminated by the parties because in the event of the destruction of the collateral it only removes the material agreement. Suggestion that creditors should be more careful in assessing the value of collateral so that no losses occur when the auction results occur.

Keyword: Legal Protection, Property Guarantee Law