Efektivitas Hukum Pemberian Fasilitas Kredit oleh Bank dengan Jaminan Hak Tanggungan Berperingkat (Studi Bank Tabungan Negara Cabang Malang)

摘要

The provisions of Article 5, paragraph (1) of Act No. 4 / 1996 on Mortgage of Land and Their Bodies Relating to Land, states that: "An object Encumbrance be saddled with more than one Encumbrance to ensure the repayment of more than one debt". The total credit facilities owned by PT. BTN Branch Malang, which can be used as collateral is land or buildings, but PT. BTN Branch Malang not allow any encumbrance rated as collateral credit. A problem in this journal is why the provision of credit facilities by PT. BTN Branch Malang with guaranteed security rights rated ineffective? The goal is to describe and analyze the effectiveness of lending by banks with the guarantee of security rights rated. The research uses empirical research; the approach used is a socio-juridical. Structurally, the rated security rights when executed by PT. BTN Branch Malang will not be effective. In substance, the provisions governing the security right is rated only contained in Article 5 (1), (2) and (3) of the Act of Mortgage. There is no rule or regulation implementing the Financial Services Authority, which regulates the rights of dependents is rated so that the author raises a concept of substance encumbrance is rated in the form of definition, benefits, as well as floral arrangements, term, collateral, and others. In culture, the security rights are rated to date cannot be pledged as collateral for loans to PT. BTN Branch Malang because of the impact of risk for banks is too high.