Perlindungan Hukum Bagi Kreditur Terhadap Objek Agunan Yang Menggunakan Surat Kuasa Menjual Apabila Pemberi Kuasa Meninggal Dunia

Abstract

The use of power of attorney selling as a binding on the object of credit collateral shall have legal protection for the creditor and debtor even though the binding of the collateral is not through the guarantee institution in accordance with the applicable provisions. Event that the power of attorney dies with a credit condition suffered an injunction, the pledge of the power of attorney to sell should be used by the creditor to sell the collateral object on his own powers and to take out his receivable from the proceeds to obtain the fulfillment of the debtor's repayment.The regulation on power of attorney selling is contained in the Civil Code, Law No.10 of 1998 concerning amendment to Act No.7 of 1992 concerning Banking, and Law no. 4 of 1996 on the Deposit Rights. This study aims to know and explain about (1) The legal power of the power of attorney sell when the authorizer dies. (2) The form of legal protection for the creditor against the object of the collateral whose attorney is dying if the debtor breaches the pledge. (3) The legal effort by a creditor to obtain the fulfillment of his / her right to repay the debtor's debt if the authorizer of the collateral object dies.This study uses normative research methods by analyzing the legal materials as well as legislation that has relevance to the problem in this research comprehensively namely primary legal material, secondary law material, and tertiary legal material obtained during the research.From the research indicates that the power of attorney sell still has a binding legal force between the creditor and debtor even though the authorizer dies, because the giving of power of attorney sell based on the element of agreement which has been agreed by both parties and is assecoir agreement from credit agreement. Legal Protection for the creditor on the use of power of attorney selling the attorney dying if the debtor breaches the pledge as a creditor can sell the object of credit collateral after the voluntary surrender by the heirs, but if there is a refutation of the power of attorney sell either under the hand or in The form of notarial deed may be a means of proving that there has been a breach of promise / wanprestasi done by the debtor. The legal effort by the creditor to obtain the fulfillment of his / her right to repay the debtor's debt if the authorizer of the collateral object dies is to make settlement effort by executing the object of credit collateral in order to immediately reduce the loss caused by the debtor's injury. This is done if the rescue effort can not be done