PENGATURAN PEMBERIAN HAK TANGGUNGAN DALAM PERJANJIAN KREDIT OLEH ISTRI BERDASARKAN UNDANG-UNDANG NOMOR 4 TAHUN TAHUN 1996

Abstract

The granting of Mortgage Rights may be carried out by individuals or legal entities, provided that the grantor has the authority over the mortgaged object as stipulated in Article 8 of Law Number 4 of 1996 concerning Mortgage Rights. In practice, however, Mortgage Rights are often granted in violation of the applicable legal provisions. This study aims to analyze whether the granting of Mortgage Rights in a credit agreement by a wife complies with the prevailing laws and regulations. This research employs a descriptive normative legal method with a statutory approach. Secondary data were collected through library research and analyzed qualitatively using a deductive method. The results indicate that the wife's action does not comply with Article 8 of the Mortgage Rights Law in conjunction with Article 36 paragraph (1) of the Marriage Law. In addition, the bank failed to apply the prudential principle as required under Article 8 paragraph (1) in conjunction with Article 29 paragraph (2) of the Banking Law by not implementing the 5C analysis, which may result in criminal and administrative sanctions under Article 49 in conjunction with Article 52 of the Banking Law. Consequently, the credit agreement secured by Mortgage Rights is voidable for failing to satisfy the subjective requirements under Article 1320 of the Indonesian Civil Code. As a legal consequence, the wife is required to repay the loan amount received from the bank