Academy of Entrepreneurship Journal (Print ISSN: 1087-9595; Online ISSN: 1528-2686)


The Business Implementation of Mortgage Takeover of An Indonesian Leading A Mortgage Bank

Author(s): Bagus Rahmanda, Rinitami Njatrijani and Alya Febrita Aulia

With the increasing selling price of houses, it is necessary to have a home ownership loan in overcoming the problem of housing needs. However, there is no regulation that specifically regulates the takeover of housing loans. For this matter, there is no legal protection for the parties as well as legal certainty that specifically underlies it. The method used in this study is an empirical research method, namely legal research that highlights the main research issues regarding the application of positive law. The results of the study indicate that credit takeover activities are based on general provisions, namely the Civil Code regarding subrogation and agreement clauses based on the principle of freedom of contract. The debtor transfer process at Bank BTN is classified as passive subjective novation because the replacement of the old debtor and the new debtor with the approval of the creditor results in the release of the old debtor's legal obligations.

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