The Importance of Credit Agreement with Guarantee of Mortgage Rights

Oct 13, 2025 by recoveryshake.com 74 views

Credit Agreement with Guarantee of Mortgage Rights and Efforts to Settle Bad Credit for Mortgage Rights Guarantees (Study at PT.Bank Negara Indonesia Tbk Kabanjahe Branch)

Introduction

In the world of finance, giving credit by banks is an activity that has a significant risk, including the occurrence of bad loans that can harm the bank and have a negative impact on the community. This is because the funds used for lending are sourced from community deposits. Therefore, it is essential for banks to apply the principle of caution in the process of granting credit. However, in reality, problem loans can occur in various banks. One of the preventive steps taken by the bank is through binding material guarantees, such as land and buildings, which are regulated by mortgage rights. In this article, we will discuss the application of the principle of caution in the credit agreement at PT. Bank Negara Indonesia Kabanjahe Branch, the factors that cause default by debtors, as well as efforts to resolve bad loans through guarantee of mortgage rights.

The Importance of Credit Agreement with Guarantee of Mortgage Rights

Giving credit by banks is a crucial activity that requires careful consideration. The credit agreement is a binding contract between the bank and the debtor, outlining the terms and conditions of the loan. In this agreement, the bank has the right to claim the debt if the debtor fails to meet their obligations. However, to mitigate the risk of bad credit, the bank can use mortgage rights as a guarantee. Mortgage rights are a type of security interest that gives the bank the right to claim the debtor's property, such as land and buildings, if the debt is not paid. This type of guarantee provides a level of protection for the bank and helps to prevent bad loans.

Application of Prudence Principles in Giving Credit

Research conducted shows that PT. Bank Negara Indonesia Kabanjahe Branch applies strict and careful procedures in credit analysis given to prospective debtors. This procedure includes the assessment of the debtor's business prospects and the availability of material guarantees that can be used to pay off debt in the event of bad credit. Credit agreements are usually carried out in writing in front of a notary, and binding guarantees are carried out through the Deed of Mortgage Rights (APHT) which is then registered at the Land Office. This registration process provides preference rights for banks to guaranteed objects, thus strengthening the position of the bank as a creditors.

Factors Causing Debtor Default Default

There are several factors that cause the debtor to not meet their obligations as stated in the credit agreement. These factors can be divided into internal and external. Internal factors include the ability of banks in conducting appropriate credit analysis, while external factors are related to economic conditions, government policies, and the ability of debtors to manage business. Debtor failure in managing a business well can cause bad credit, which is further exacerbated if the debtor has a bad faith not to pay the debt.

Efforts to settle bad credit

In dealing with bad loans guaranteed by Underwriting Rights, PT. Bank Negara Indonesia Kabanjahe Branch made several efforts to save credit. These efforts include giving a reprimand to the debtor and advising them to sell guarantees that have been given as debt payments. If these steps do not produce results, the bank has the right to execute the mortgage rights in accordance with the authority owned as a creditor.

Recommendations for the application of the principle of caution

It is recommended that PT. Bank Negara Indonesia Kabanjahe Branch continues to apply the principle of caution in every process of granting credit. This includes a in-depth analysis of the debtor's ability to pay debt, guided by the principle of Five C, namely character, capacity, capital, economic conditions, and guarantees. This approach is important so that banks not only depend on material guarantees, but also consider other aspects that can affect the continuity of debt payments by the debtor. On the other hand, the debtor also needs to use credit funds in accordance with the plans that have been submitted in the credit proposal.

Conclusion

Giving credit by banks is an activity that has its own challenges, especially in terms of maintaining the risk of bad credit. PT. Bank Negara Indonesia Kabanjahe Branch has tried to apply the principle of caution well in a credit agreement. However, awareness of all parties, both banks and debtors, is the key to preventing bad loans and creating a healthy financial ecosystem.

Future Research Directions

Future research can focus on the following areas:

The impact of mortgage rights on the risk of bad credit: This study can explore the relationship between mortgage rights and the risk of bad credit, and how banks can use this type of guarantee to mitigate risk.
The role of credit analysis in preventing bad loans: This study can examine the importance of credit analysis in preventing bad loans, and how banks can improve their credit analysis processes to reduce the risk of bad credit.
The effectiveness of efforts to settle bad credit: This study can evaluate the effectiveness of efforts to settle bad credit, and identify areas for improvement in the process of resolving bad loans.

Limitations of the Study

This study has several limitations, including:

The sample size: The sample size of this study is limited to PT. Bank Negara Indonesia Kabanjahe Branch, which may not be representative of all banks in Indonesia.
The data collection method: The data collection method used in this study is based on secondary data, which may not be comprehensive or up-to-date.
The analysis method: The analysis method used in this study is based on a qualitative approach, which may not be suitable for all types of data.

Recommendations for Future Research

Future research can address the limitations of this study by:

Increasing the sample size: Future research can increase the sample size to include more banks in Indonesia, and to make the findings more generalizable.
Using a more comprehensive data collection method: Future research can use a more comprehensive data collection method, such as primary data collection, to gather more accurate and up-to-date information.
Using a more suitable analysis method: Future research can use a more suitable analysis method, such as a quantitative approach, to analyze the data and draw more robust conclusions.

Conclusion

In conclusion, this study has provided insights into the application of the principle of caution in the credit agreement at PT. Bank Negara Indonesia Kabanjahe Branch, the factors that cause default by debtors, as well as efforts to resolve bad loans through guarantee of mortgage rights. The study has also identified areas for improvement in the process of granting credit, and has provided recommendations for future research.
Q&A: Credit Agreement with Guarantee of Mortgage Rights and Efforts to Settle Bad Credit for Mortgage Rights Guarantees (Study at PT.Bank Negara Indonesia Tbk Kabanjahe Branch)

Q1: What is the purpose of a credit agreement with guarantee of mortgage rights?

A1: The purpose of a credit agreement with guarantee of mortgage rights is to provide a level of protection for the bank in case the debtor fails to meet their obligations. This type of guarantee gives the bank the right to claim the debtor's property, such as land and buildings, if the debt is not paid.

Q2: What are the factors that cause debtor default default?

A2: There are several factors that cause the debtor to not meet their obligations as stated in the credit agreement. These factors can be divided into internal and external. Internal factors include the ability of banks in conducting appropriate credit analysis, while external factors are related to economic conditions, government policies, and the ability of debtors to manage business.

Q3: What are the efforts made by PT. Bank Negara Indonesia Kabanjahe Branch to settle bad credit?

A3: In dealing with bad loans guaranteed by Underwriting Rights, PT. Bank Negara Indonesia Kabanjahe Branch made several efforts to save credit. These efforts include giving a reprimand to the debtor and advising them to sell guarantees that have been given as debt payments. If these steps do not produce results, the bank has the right to execute the mortgage rights in accordance with the authority owned as a creditor.

Q4: What is the principle of caution in giving credit?

A4: The principle of caution in giving credit refers to the careful and strict procedures that banks must follow in the process of granting credit. This includes a thorough analysis of the debtor's business prospects and the availability of material guarantees that can be used to pay off debt in the event of bad credit.

Q5: What is the role of credit analysis in preventing bad loans?

A5: Credit analysis plays a crucial role in preventing bad loans. Banks must conduct a thorough analysis of the debtor's ability to pay debt, guided by the principle of Five C, namely character, capacity, capital, economic conditions, and guarantees. This approach is important so that banks not only depend on material guarantees, but also consider other aspects that can affect the continuity of debt payments by the debtor.

Q6: What are the recommendations for the application of the principle of caution?

A6: It is recommended that PT. Bank Negara Indonesia Kabanjahe Branch continues to apply the principle of caution in every process of granting credit. This includes a in-depth analysis of the debtor's ability to pay debt, guided by the principle of Five C, namely character, capacity, capital, economic conditions, and guarantees. This approach is important so that banks not only depend on material guarantees, but also consider other aspects that can affect the continuity of debt payments by the debtor.

Q7: What is the conclusion of this study?

A7: Giving credit by banks is an activity that has its own challenges, especially in terms of maintaining the risk of bad credit. PT. Bank Negara Indonesia Kabanjahe Branch has tried to apply the principle of caution well in a credit agreement. However, awareness of all parties, both banks and debtors, is the key to preventing bad loans and creating a healthy financial ecosystem.

Q8: What are the future research directions?

A8: Future research can focus on the following areas:

The impact of mortgage rights on the risk of bad credit: This study can explore the relationship between mortgage rights and the risk of bad credit, and how banks can use this type of guarantee to mitigate risk.
The role of credit analysis in preventing bad loans: This study can examine the importance of credit analysis in preventing bad loans, and how banks can improve their credit analysis processes to reduce the risk of bad credit.
The effectiveness of efforts to settle bad credit: This study can evaluate the effectiveness of efforts to settle bad credit, and identify areas for improvement in the process of resolving bad loans.

Q9: What are the limitations of this study?

A9: This study has several limitations, including:

The sample size: The sample size of this study is limited to PT. Bank Negara Indonesia Kabanjahe Branch, which may not be representative of all banks in Indonesia.
The data collection method: The data collection method used in this study is based on secondary data, which may not be comprehensive or up-to-date.
The analysis method: The analysis method used in this study is based on a qualitative approach, which may not be suitable for all types of data.

Q10: What are the recommendations for future research?

A10: Future research can address the limitations of this study by:

Increasing the sample size: Future research can increase the sample size to include more banks in Indonesia, and to make the findings more generalizable.
Using a more comprehensive data collection method: Future research can use a more comprehensive data collection method, such as primary data collection, to gather more accurate and up-to-date information.
Using a more suitable analysis method: Future research can use a more suitable analysis method, such as a quantitative approach, to analyze the data and draw more robust conclusions.