Inability of the Applicant

Oct 13, 2025 by windailys.com 90 views

Legal Protection of the Medan State Savings Bank in Settlement of Bad Loans on Guarantee Objects that have not been installed Underwriting Rights (Case Study of Medan District Court Decision Number: 561/Pdt.G/2020/PN-MDN)

Introduction

The banking industry plays a vital role in the economy of a country, providing financial services to individuals and businesses. However, the banking sector is not immune to the risks associated with bad loans. In Indonesia, the Medan State Savings Bank (PT Bank Tabungan Negara (Persero) Tbk, Medan Branch Office) has faced challenges in settling bad loans against guarantee objects that do not have mortgage rights. This article aims to analyze the factors that cause the collateral object to not have mortgage rights, how to resolve bad loans at this bank, and how to protect banks related to bad loans against collateral objects that do not have mortgage rights.

The Factors Causing the Incoming Mortgage Rights

The study reveals that there are several factors that cause the collateral object to not have mortgage rights. These factors include:

Problem of Notaries or Officials of Land Deeds (PPAT): The problem of notaries or officials of land deeds (PPAT) in making a power of attorney to impose Underwrits (SKMHT) is a significant factor. This is because the PPAT plays a crucial role in the process of creating a mortgage deed.
Administrative Problems: Administrative problems such as high costs, non-certified or registered land, as well as collateral objects that are not in the PPAT working area are also significant factors.
Socio-Juridical Barriers: Socio-juridical barriers related to SKMHT requirements, the applicant's absence in the survey process, as well as obstacles from the Land Office and the Spatial Planning Office are also significant factors.

Subjective and Objective Reasons

There are several subjective reasons why SKMHT is not made, including:

Inability of the Applicant: The inability of the applicant to be present in making a guarantee deed is a significant subjective reason.
Long Procedures: Long procedures in the loading of Underwriting Rights are also a significant subjective reason.
High Costs: High costs in using Mortgage Rights are also a significant subjective reason.
Short-term Credit: Short-term credit is also a significant subjective reason.
Debitors Considered by Bona Fide: Debitors considered by Bona Fide are also a significant subjective reason.

Meanwhile, objective reasons regarding the expenditure of certificates, the process of transferring land rights that have not been completed, the settlement of solutions or merging of land that has not been completed in the name of the guarantee giver, as well as cancellation that has not been carried out have also become an obstacle.

Bad Credit Settlement

To complete bad credit in banks that do not have mortgage rights, usually carried out through calling and lawsuit against debtors. Therefore, proactive steps must be taken by the bank to mitigate the risk.

Legal Protection for Banks

In terms of preventive legal protection, banks must ensure that the credit granting process is carried out well and healthy, accompanied by comprehensive analysis, especially regarding the character and capacity of prospective debtors. The application of the principle of caution in banking is also very important.

In this case, repressive legal protection can be done by preparing a professional legal team and gathering strong evidence when filing a lawsuit. Thus, banks can protect their interests better in dealing with bad loans related to guaranteed objects that are not installed with mortgage rights.

Conclusion

Through this analysis, it is expected to provide new insights on legal protection for banks and the importance of risk management in providing credit, as well as efforts that can be made to solve the problem of bad credit in an effective and legal manner.

Recommendations

Based on the findings of this study, the following recommendations are made:

Improvement of the Credit Granting Process: Banks must ensure that the credit granting process is carried out well and healthy, accompanied by comprehensive analysis, especially regarding the character and capacity of prospective debtors.
Preparation of a Professional Legal Team: Banks must prepare a professional legal team to handle cases related to bad loans.
Gathering of Strong Evidence: Banks must gather strong evidence when filing a lawsuit to protect their interests.
Risk Management: Banks must implement effective risk management strategies to mitigate the risk of bad loans.

By implementing these recommendations, banks can protect their interests better in dealing with bad loans related to guaranteed objects that are not installed with mortgage rights.
Q&A: Legal Protection of the Medan State Savings Bank in Settlement of Bad Loans on Guarantee Objects that have not been installed Underwriting Rights

Q: What is the main issue faced by the Medan State Savings Bank in settling bad loans?

A: The main issue faced by the Medan State Savings Bank is the lack of mortgage rights on guarantee objects, which makes it difficult to settle bad loans.

Q: What are the factors that cause the collateral object to not have mortgage rights?

A: The factors that cause the collateral object to not have mortgage rights include the problem of notaries or officials of land deeds (PPAT), administrative problems, socio-juridical barriers, and objective reasons such as the expenditure of certificates, the process of transferring land rights that have not been completed, and cancellation that has not been carried out.

Q: What are the subjective reasons why SKMHT is not made?

A: The subjective reasons why SKMHT is not made include the inability of the applicant to be present in making a guarantee deed, long procedures in the loading of Underwriting Rights, high costs in using Mortgage Rights, short-term credit, and debitors considered by Bona Fide.

Q: How can banks protect their interests in dealing with bad loans related to guaranteed objects that are not installed with mortgage rights?

A: Banks can protect their interests by ensuring that the credit granting process is carried out well and healthy, accompanied by comprehensive analysis, especially regarding the character and capacity of prospective debtors. They can also prepare a professional legal team and gather strong evidence when filing a lawsuit.

Q: What is the importance of risk management in providing credit?

A: Risk management is crucial in providing credit as it helps to mitigate the risk of bad loans. Banks must implement effective risk management strategies to protect their interests and ensure the stability of the financial system.

Q: How can banks improve their credit granting process to prevent bad loans?

A: Banks can improve their credit granting process by conducting comprehensive analysis, especially regarding the character and capacity of prospective debtors. They can also implement effective risk management strategies and ensure that the credit granting process is carried out well and healthy.

Q: What are the consequences of not having mortgage rights on guarantee objects?

A: The consequences of not having mortgage rights on guarantee objects include the inability to settle bad loans, which can lead to financial losses for the bank and damage to its reputation.

Q: How can banks protect their interests in dealing with bad loans related to guaranteed objects that are not installed with mortgage rights?

A: Banks can protect their interests by preparing a professional legal team and gathering strong evidence when filing a lawsuit. They can also implement effective risk management strategies and ensure that the credit granting process is carried out well and healthy.

Q: What is the role of the PPAT in the process of creating a mortgage deed?

A: The PPAT plays a crucial role in the process of creating a mortgage deed. They are responsible for making a power of attorney to impose Underwrits (SKMHT) and ensuring that the mortgage deed is properly registered.

Q: What are the socio-juridical barriers that affect the creation of a mortgage deed?

A: The socio-juridical barriers that affect the creation of a mortgage deed include the applicant's absence in the survey process, obstacles from the Land Office and the Spatial Planning Office, and the requirement for SKMHT.

Q: How can banks mitigate the risk of bad loans?

A: Banks can mitigate the risk of bad loans by implementing effective risk management strategies, conducting comprehensive analysis, especially regarding the character and capacity of prospective debtors, and ensuring that the credit granting process is carried out well and healthy.