JURIDICAL ANALYSIS OF CREDIT AGREEMENTS WITH FOR BANKS IN THE EVENT OF BLOCKING OF LAND RIGHTS CERTIFICATES ASSOCIATED WITH LEGAL CERTAINTY IN LAW NO. 4 OF 1996 CONCERNING MORTGAGE RIGHTS ON LAND AND OBJECTS RELATED TO LAND.

Abstract

This research is motivated by a credit agreement that has collateral in the form of mortgage rights as additional guarantees for the repayment of debtors' debts. However, in practice in the field, the guarantee in the form of land rights can be requested for blocking by a third party who has a legal relationship. This blocking implies that the debtor's guarantee cannot be executed in the event of default/failure to pay by the debtor in the future. As a result of not being able to execute the guarantee, it will potentially cause losses for the bank as the creditor. The blocking is regulated in the Regulation of the Minister of Agrarian Affairs and Spatial Planning / Head of the National Land Agency No. 13 of 2017 concerning Procedures for Blocking and Confiscation which can harm creditors so that legal protection for creditors is reduced. From the results of this study, it can be concluded that in the form of legal protection for banks as creditors in the event of blocking of land rights certificates, legal protection is preventive and repressive. Banks include SOPs related to interviews with prospective debtors for these guarantees in detail which will prevent the blocking of land by third parties. Banks can also file a lawsuit against BPN's decision on the blocking. The parameter of the National Land Agency (BPN) in blocking land rights certificates by third parties is to conduct an assessment of the block applicant in terms of having a legal relationship or not with the object requested for blocking.