Buying receivables with 'cessie' related to guarantee of liability rights to land

Case study in indonesia

Abstract

Banks as financial institutions carry out banking activities, have an intermediary function with debtors and the public who own funds. Banks are given various privileges that are preceded by a debt agreement because of the provision of credit to customers with collateral for mortgages. When creditors experience liquidity problems, they can sell their receivables to other parties in a cessie way. Article 16 Paragraph (1) Mortgage Law requires that receivables guaranteed by mortgage be transferred by means of "cessie" the mortgage rights will also be transferred by law to the new creditor. When faced with the norms of Article 613 Paragraph (2) of the Civil Code, requires that such a surrender for the debtor has no consequences, but after the delivery is notified to him or in writing, he agrees and acknowledges it. It was found that two prepositions with equal hierarchies governing the same thing turned out to have conflicting legal issues. Therefore, cessie institutions need to be studied in depth from the practical and theoretical aspects of legislation.