RELEVANSI HAK TANGGUNGAN DAN JAMINAN FIDUSIA PADA BANK OCBC (Berdasarkan Putusan Nomor: 403/Pdt/2015/PT.MDN)

Abstract

The financial system in Indonesia consists of a monetary system and a non-monetary system. Where, in the discussion of this article we focus on the financial system, namely the monetary system, the monetary system itself consists of monetary and banking authorities. Banking itself also consists of Commercial Banks and Rural Banks, Commercial Banks also consist of private banks and state-owned banks. In analyzing this decision, we focus on private banks, where the Private Bank itself here is OCBC Bank. Private banks and state-owned banks generally provide their own benefits for their customers, namely providing loans. Loans themselves can be given to customers but there must be things that must be fulfilled, namely collateral for the loan of money, the guarantee itself consists of several types, namely pawn, fiduciary, mortgages, mortgages and warehouse receipts. In the analysis of this article, the author will discuss whether there is a relevance between mortgages and fiduciary rights in debts between individuals and private banks. Because the mortgage itself has conditions and procedures regarding collateral where the collateral that can be given is an immovable object, namely “land” and must have a certificate or authentic deed in making a mortgage made by the party providing the loan in this case is the Private Bank to individuals and other legal entities.