In the event of a credit crunch, can the collateral be auctioned before the end of the credit period? Previously, we first assumed that the guarantee you meant was a guarantee in the form of objects or what is commonly referred to as a material guarantee. We're not clear on what you mean by "end of credit". We assume that what is meant by "end of credit period" is the maturity of the credit or the agreed credit payment period. Basically, the creditor holding the material guarantee has the right to execute the collateral to be sold at auction to pay the debtor's debt if the debtor fails to carry out his obligations under the credit agreement or commonly referred to as default. 1. Article 1155 of the Criminal Code: The creditor as the recipient of the pledged object has the right to sell the pawned item, after the lapse of the specified period, or after a warning has been issued for the fulfillment of the agreement in the event that there is no provision for a definite period of time. 2. Article 15 paragraph (3) jo. Article 29 of Law no. 42 of 1999 concerning Fiduciary Guarantees ("Fiduciary Guarantee Law"): which gives creditors the right to execute fiduciary collateral objects if the debtor is in default (default). 3. Article 6 jo. Article 20 of Law no. 4 of 1996 concerning Mortgage on Land and Objects Related to Land: which gives the creditor the right to execute fiduciary collateral if the debtor is in default (default).
3. Debtors are late for achievement.
Regarding what is meant by default itself, we can see in the Elucidation of Article 21 of the Fiduciary Guarantee Law, which is what is meant by "breach of promise" (default) is not fulfilling performance, whether based on the main agreement, Fiduciary Guarantee agreement, or other guarantee agreements. 3. To do nothing. Looking at the forms of achievement in Article 1234 of the Criminal Code and the opinion of J. Satrio in his book entitled Law of Engagement (p. 3. Debtors are late for achievement. If the bad credit occurs because the debtor does not carry out his achievements as stated in the credit agreement, then before executing collateral, the debtor must first be declared in default, which is carried out through a court decision.
For this reason, the creditor must sue the debtor on the basis of default. However, before suing the debtor, the creditor must make a summons first, the contents of which are so that the debtor fulfills his achievements. If the debtor does not fulfill its performance, the creditor can sue the debtor on the basis of default, whereby if the court decides that the debtor is in default, the creditor can execute the collateral provided by the debtor. So, whether or not collateral can be executed does not only depend on whether the credit payment period has passed or not. However, if the debtor makes an achievement that is not in accordance with the agreement, it is also a form of default (misperforming or not doing as agreed) and can make the creditor entitled to exercise his right to execute the collateral. However, usually before bringing problematic credit cases to legal channels, administrative efforts are made first. Drs. Muhamad Djumhana, SH, in his book entitled Banking Law in Indonesia (p. 553-573), as we summarized, said that regarding non-performing loans, administrative credit could be settled, and for loans that were already at the bad quality stage, the handling was more emphasized through several efforts that were more in the nature of using legal institutions (settlement through legal channels). 3. Restructuring, namely changes to credit terms in the form of additional bank funds; and/or conversion of all or part of the arrears of interest into new loan principal, and/or conversion of all or part of the credit into investment in the company. 3. Through arbitration or an Alternative Dispute Resolution Body. Therefore, it is true that collateral goods can be auctioned before the expiration of the credit payment period in the event that the debtor commits other default actions. However, it is better to take administrative measures first to resolve problem loans before taking a lawsuit to the court and executing the collateral.
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Are you planning to buy an automatic car? Or planning to ride it in the near future? Maybe you already know that the way to drive an automatic car is different from the usual car, which shifts the gears manually. Automatic cars have automatic transmissions, where the automatic car gearshift system is designed to be able to move without having to step on the clutch pedal. Automatic transmission has two types of systems, both of which are also known to be simpler and easier, namely semi-automatic and automatic systems. This is How to Check Jakarta Number Plates, Easy! Even though it's automatic, it doesn't mean that driving an automatic type car is just playing the gas and brakes. You also have to be required to have a good feeling in measuring engine power because automatic cars also have transmissions that you can adjust depending on your needs. You will meet the automatic transmission lever with the code P, R, N, D, D3, 2 and L. If you are a new player in driving an automatic car, you are definitely confused by the letters and numbers that are rarely found. 9 Ways to Get Rid of Stickers on Motorcycles, Smooth Back Again! How to Check Vehicle Number Plate Owners Online, Easy! Complete Car Window Film Price List, Must Know! Well, to help you recognize a dead car gear, Qoala will explain in full about automatic car gear, from how to drive it, the meaning and function of each of the codes above and other information you need to drive an automatic car through this review.
If it's your first time driving an automatic car, you may be a little confused about how to drive it. Especially if you are used to using a manual car, which has a different way of operating the gear from the automatic one. This is because you don't have to adjust the clutch or shift gear because it's done automatically. You just need to stop and go without shifting gears or playing the clutch. But if you are not used to having to be careful, you might get confused between the brake pedal and the pedal or the wrong way to use the automatic car gear. Not infrequently heard of accidents because they are not familiar with how to shift gears automatic cars that are not familiar. Therefore you must know some important things in how to drive an automatic car below. As a beginner you need to be careful so that the lever is always in the correct position. First before starting the engine, the lever position must be in the P position or in the N position. Do not position the lever in reverse or R, these positions are used to reverse. If the lever is in the R position, the car will not start when it is started.
When you enter the key, do not immediately start the engine. You should wait for the needle to spin until the indicator is active or lit which indicates the electricity is ready. Some types of automatic cars provide an indicator in the form of sound when the car is really ready to be started. When first starting, it is recommended to step on and hold the brake pedal for safety reasons because you are afraid that the car will suddenly accelerate forward. Some automatic cars have an automatic procedure that keeps the engine running if you don't press the brake pedal, although some don't. When the engine is on and you want to start moving, the first step that needs to be done is to change the gear position of your automatic car which was originally in position P or N, to position R to go backwards or D to go forward. It is important to depress the brake pedal at the same time as moving the lever in gear. This method can prevent damage to the machine. The transmission lever aka gear or automatic car gear is an important component that affects the speed of the car.