Juridical Status of Land Guarantee Without Dependent Rights in Credit Agreements Against Criminal Confiscation in Corruption Cases

Abstract

The object of land collateral without the Right of Dependency in the credit agreement which in the future turned out to be confiscated in the legal process of the crime of corruption because it was allegedly obtained from the proceeds of corruption allegedly committed by the Debtor, making the Creditor's position in the credit agreement a loss of the guarantee. This study uses a normative juridical method with secondary data and primary legal materials are laws and regulations. In the law of guaranteeing land objects without the right of dependency is allowed to be collateral in the credit agreement, but the position of the creditor is quite weak because it does not have the authority to parate the execution, executory title and agreement under hand. When the object of the collateral is confiscated in the legal process of a corruption crime, the Creditor still has other alternatives to take legal action against the repayment of achievements in the credit agreement carried out by the Debtor