2016•Unpublished venueRequires access

Tanggungjawab Ahli Waris Debitur dalam Kredit dengan Jaminan Fidusia di PT Bni Sentra Kredit Kecil Solo

Dewi Ayu Pambudi, Pujiyono Pujiyono

Open publisher page 2 citations

Abstract

This research aims to find and to explain about liability of debtor's heirs in credit settlement with fiduciary guarantee. Methods used in the collection of data using this type of empirical legal research that is both descriptive and prescriptive approach to Statue approach and conceptual approach generate primary and the data were analyzed using the method of secondary analysis interactive. Based on the results of this research, in fiduciary credit when debtor dies, the responsibility of settlement loans transferred to heirs. Obligations that set out in Article 123 of the Civil Code and Article 1100 Civil Code, and Article 1318 Civil Code, heirs automatically bear the burden of debt once the credit debtor dies, therefore the heirs obliged to make payments on the debt. Rights set out in 833 Civil Code, Article 1023 Civil Code, and Article 1318 Civil Code, confirmed that heirs have the right to continue the credit agreement and have the right on property, to those inheritance rights the heirs may refuse. Law No. 42 of 1999 on fiduciary doesn't set about liability of debtor's heirs for Fiduciary Agreement, only Article 4 Law on Fiduciary set implicitly when agreement in principal switch into heirs, and also to Fiduciary Agreement work the same. Implementation in BNI SKC Solo, heirs stated unequivocally who inherit the debt of debtor dies, and this valid and binding the heirs. Bank need to verify heirs documents since beginning Credit Agreement in order get enough information about the background of debtor dies family, this can prevent the NPL caused debtor dies.

About this research paper

What this paper is about

This research aims to find and to explain about liability of debtor's heirs in credit settlement with fiduciary guarantee. Methods used in the collection of data using this type of empirical legal research that is both descriptive and prescriptive approach to Statue approach and conceptual approach generate primary and the data were analyzed using the method of secondary analysis interactive. Based on the results of this research, in fiduciary credit when debtor dies, the responsibility of settlement loans transferred to heirs. Obligations that set out in Article 123 of the Civil Code and Article 1100 Civil Code, and Article 1318 Civil Code, heirs automatically bear the burden of debt once the credit debtor dies, therefore the heirs obliged to make payments on the debt. Rights set out in 833 Civil Code, Article 1023 Civil Code, and Article 1318 Civil Code, confirmed that heirs have the right to continue the credit agreement and have the right on property, to those inheritance rights the heirs may refuse. Law No. 42 of 1999 on fiduciary doesn't set about liability of debtor's heirs for Fiduciary Agreement, only Article 4 Law on Fiduciary set implicitly when agreement in principal switch into heirs, and also to Fiduciary Agreement work the same. Implementation in BNI SKC Solo, heirs stated unequivocally who inherit the debt of debtor dies, and this valid and binding the heirs. Bank need to verify heirs documents since beginning Credit Agreement in order get enough information about the background of debtor dies family, this can prevent the NPL caused debtor dies.

Why it matters

OpenAlex reports 2 citations for this work. Citation counts describe recorded attention and do not establish research quality.

Key contribution

A contribution statement is not available in the OpenAlex record.

Method / approach

Method details are not available in the OpenAlex metadata.

Main findings

Findings are not separately available in the OpenAlex metadata.

Limitations

Limitations are not available in the OpenAlex metadata.

Applications

Application details are not available in the OpenAlex metadata.

Available abstract

This research aims to find and to explain about liability of debtor's heirs in credit settlement with fiduciary guarantee. Methods used in the collection of data using this type of empirical legal research that is both descriptive and prescriptive approach to Statue approach and conceptual approach generate primary and the data were analyzed using the method of secondary analysis interactive. Based on the results of this research, in fiduciary credit when debtor dies, the responsibility of settlement loans transferred to heirs. Obligations that set out in Article 123 of the Civil Code and Article 1100 Civil Code, and Article 1318 Civil Code, heirs automatically bear the burden of debt once the credit debtor dies, therefore the heirs obliged to make payments on the debt. Rights set out in 833 Civil Code, Article 1023 Civil Code, and Article 1318 Civil Code, confirmed that heirs have the right to continue the credit agreement and have the right on property, to those inheritance rights the heirs may refuse. Law No. 42 of 1999 on fiduciary doesn't set about liability of debtor's heirs for Fiduciary Agreement, only Article 4 Law on Fiduciary set implicitly when agreement in principal switch into heirs, and also to Fiduciary Agreement work the same. Implementation in BNI SKC Solo, heirs stated unequivocally who inherit the debt of debtor dies, and this valid and binding the heirs. Bank need to verify heirs documents since beginning Credit Agreement in order get enough information about the background of debtor dies family, this can prevent the NPL caused debtor dies.

Key concepts: Debtor, Fiduciary, Civil code, Settlement (finance), Debt, Law, Creditor, Business

Back to paper searchBrowse research topicsOriginal source
Tanggungjawab Ahli Waris Debitur dalam Kredit dengan Jaminan Fidusia di PT Bni Sentra Kredit Kecil Solo — Research Paper | ScholarLens