Analysis of Problem Financing Settlement with Collateral of Land Certificate Without Binding Rights of Collaboration in the Perspective of Sharia Economic Law

(Case Study at KSPPS Hudatama Semarang City)

DOI

10.2991/978-2-38476-074-9_30How to use a DOI?

Keywords

Problem Financing Settlement; Land Certificate Guarantee; Mortgage Rights

Abstract

In the additional contract agreement, collateral is an important thing to participate in, so that when the guarantee is in the form of a land certificate, it is necessary to be burdened with mortgage rights as a source of repayment if the debtor is no longer able to pay and gives priority to the creditor holding the mortgage in accordance with the Act. Mortgage Law no. 4 of 1996. But in reality there are several financing with land certificate guarantees that are not bound by mortgage rights until in the end there is a default. From this, it attracted the author's interest to conduct research with the title “Analysis of Problem Financing Settlement with Guaranteed Land Certificates without binding Mortgage Rights in the Perspective of Sharia Economic Law (Case Study at Kspps Hudatama Semarang City)”. The approach method used in this research is sociological juridical, which is descriptive analysis. Data collection techniques by conducting library research from primary data and secondary data. To analyze the data in this study, the author uses a qualitative method. In the settlement of non-performing financing with land guarantees without being tied to mortgage rights, KSPPS Hudatama uses a family approach, rescheduling, reconditioning, restructuring, sale of guarantees or voluntary submission from members, litigation process. Obstacles and solutions in solving problem financing with land certificate guarantees without being tied to mortgage rights at KSPPS Hudatama Semarang City are as follows: Lack of thoroughness from KSPPS Hudatama in the survey, Guarantor does not sign the contract, Member does not have good intentions, Certificate guarantee has not been tied Mortgage rights, Borrowers are only in name, Members are dishonest, Member conditions are uncertain, due to environmental factors, Members run away or disappear, Judicial process. The solutions that need to be prepared by KSPPS Hudatama are as follows: Indeed, KSPPS Hudatama should be more careful in surveying prospective new members, so that in the future it can minimize fraud committed by customers.

Copyright

© 2023 The Author(s)

Open Access

Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

Download article (PDF)

TY  - CONF
AU  - Helmi
AU  - Denny Suwondo
PY  - 2023
DA  - 2023/06/27
TI  - Analysis of Problem Financing Settlement with Collateral of Land Certificate Without Binding Rights of Collaboration in the Perspective of Sharia Economic Law
BT  - Proceedings of the 5th Legal International Conference and Studies (LICS 2022)
PB  - Atlantis Press
SP  - 258
EP  - 264
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-074-9_30
DO  - 10.2991/978-2-38476-074-9_30
ID  - 2023
ER  -