Application of Nemo plus Yuris Principles on Buying and Sale Bondings and Authorizations for Sale which is Created When the Object Sold Is under the Bank Guarantee

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Habib Adjie


When a conventional or sharia banking institution provides a loan or financing, of course it will be bound or made an agreement/deed of Credit Agreement or Accounts Payable or Financing and other deeds to bind collateral such as SKMHT (Power of Attorney for Granting Mortgage Rights) or APHT (Deed of Credit). Granting Mortgage Rights which is then used as the basis for registering with the local Land Office will be issued a Mortgage Certificate (SHT). In practice the provision of guarantees is often deviated, namely the object is already under bank guarantee and (will) be encumbered with Mortgage Rights, which means that the material rights already exist with the Debtor, and the Debtor no longer has any rights, which should be according to law if the Debtor is in breach of contract or Default, the legal procedure is to sell it through an auction, this is in accordance with the provisions stipulated in the UUHT. Procedures or procedures like this are orders of the Mortgage Law (UUHT), and there is no need to look for other (legal) breakthroughs to make deviations, by making a deed of binding sale and purchase and power to sell made at the same time as making the agreement/deed of agreement Credit or Accounts Payable or Financing and other deeds to bind collateral such as SKMHT or APHT. The actions as mentioned above are not in accordance with the Nemo Plus Yuris principle, in this case the Debtor no longer has any rights to the land that is used as collateral, except for occupying it for the duration of the credit, but in this case, a deed of binding sale and purchase was made. and Power to Sell with the aim that if the Debtor Defaults does not need to be auctioned but can be sold directly by the Creditor and avoids auction. To overcome this, after the Debtor Defaults, Cessie can be made, namely the Creditor transfers/sells the debtor's debt to another party.

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