The Role of Banks in Credit Transactions

Oct 13, 2025 by recoveryshake.com 27 views

Analysis of Transfer (OPER Credit) Rights on Home Ownership Credit: Study at the Medan Branch of the State Savings Bank (BTN)

Introduction

The banking system plays a vital role in the economy of a country by collecting public funds and channeling them in the form of credit to various sectors. One of the most popular forms of credit is Home Ownership Credit (KPR), which allows individuals to purchase homes with the help of a loan from a bank. However, the transfer of mortgage credit rights from the initial debtor to the new debtor is a complex practice that requires caution. This study aims to analyze the transfer of credit rights on home ownership loans at the Medan Branch of the State Savings Bank (BTN) and identify the problems that arise from this practice.

The Role of Banks in Credit Transactions

Banks are financial institutions that play a crucial role in the economy by providing credit to individuals and businesses. The relationship between banks as creditors and customers as debtors is built on the basis of trust that the debtor will pay off its obligations in accordance with the credit agreement. In the case of Home Ownership Credit (KPR), the bank provides a loan to the debtor to purchase a home, and the debtor is required to make installment payments over a specified period.

The Transfer of Credit Rights: A Complex Practice

The transfer of mortgage credit rights from the initial debtor to the new debtor is a common practice in the banking industry. This is done to avoid default in installment payments or for other reasons. However, the transfer of credit rights often causes new problems, especially when done without the knowledge of the bank. According to the provisions of the State Savings Bank (BTN), the transfer of mortgage credit rights should be carried out through the debtor transfer process, namely by re-processing the remaining credit loans at the bank.

Transfer of Credit Rights without Bank Knowledge

Unfortunately, in the field, there is often a transfer of credit rights without the knowledge of the bank. This condition causes problems because:

*** Clarity of ownership status: *** Third parties who continue the installments and want to take a certificate of home ownership after paid off, will face difficulties because the bank only wants to deal with the initial debtor. Meanwhile, the existence of the initial debtor could be unknown.

*** Weak legal security: *** The sale and purchase agreement that is only based on receipts without involving banks makes legal certainty for third parties weak.

Transfer of Credit Rights with a Notary

In an effort to increase legal certainty, there is also a transfer of credit rights carried out before a notary. In the sale and purchase agreement compiled by a notary, there is usually a clause that gives power to third parties to take certificates after the installments are paid off. With this clause, a third party has a stronger legal basis to claim home ownership after paying off the remaining installments. However, it should be remembered that the bank still has the right to demand payment to the initial debtor in the event of a default.

The Role of the Bank in Preventing Problems

Banks, especially BTN, have an important role in preventing problems arising from the transfer of uncontrolled credit rights. BTN has mortgage rights to home that is guaranteed as a guarantee in a home ownership credit agreement. This Mortgage Right is a legal tool that provides protection for BTN in the case of transferring credit rights. However, BTN still appealed to the community to process the debtor through the bank to avoid various problems in the future. The debtor transfer process carried out through the bank will provide legal certainty and security for all parties involved in the transaction.

Conclusion

The transfer of mortgage credit rights is a complex practice that requires caution. To avoid legal problems and losses for all parties, it is essential to transfer credit rights through the debtor transfer process at the bank. Thus, all parties can be protected, and transactions can run smoothly.

Recommendations

Based on the findings of this study, the following recommendations are made:

Banks, especially BTN, should take a proactive role in preventing problems arising from the transfer of uncontrolled credit rights.
The debtor transfer process should be carried out through the bank to provide legal certainty and security for all parties involved in the transaction.
Third parties who continue the installments and want to take a certificate of home ownership after paid off should be aware of the initial debtor's existence and the bank's rights.
The sale and purchase agreement should be compiled by a notary to increase legal certainty for third parties.

Limitations of the Study

This study has several limitations that should be noted:

The study was conducted at the Medan Branch of the State Savings Bank (BTN) and may not be representative of other banks or regions.
The study only analyzed the transfer of mortgage credit rights and did not consider other types of credit transactions.
The study relied on secondary data and may not have captured the nuances of the transfer of credit rights in practice.

Future Research Directions

Future research should aim to:

Investigate the transfer of credit rights in other types of credit transactions, such as personal loans or business loans.
Examine the impact of the transfer of credit rights on the economy and the banking system.
Develop a more comprehensive framework for the transfer of credit rights that takes into account the interests of all parties involved.

References

State Savings Bank (BTN). (2022). Home Ownership Credit (KPR) Guidelines.
Indonesian Banking Law. (2020). Banking Law No. 10 of 1998.
Notary Law. (2019). Notary Law No. 2 of 2019.

Appendices

Appendix A: List of Interviewees
Appendix B: Survey Instrument
Appendix C: Data Analysis Procedures
Frequently Asked Questions (FAQs) on Transfer of Credit Rights on Home Ownership Credit: Study at the Medan Branch of the State Savings Bank (BTN)

Q: What is the transfer of credit rights on home ownership credit?

A: The transfer of credit rights on home ownership credit refers to the process of transferring the mortgage credit rights from the initial debtor to the new debtor. This is a common practice in the banking industry, but it requires caution to avoid legal problems and losses for all parties involved.

Q: Why is the transfer of credit rights without bank knowledge a problem?

A: The transfer of credit rights without bank knowledge causes problems because it leads to a lack of clarity of ownership status and weak legal security. Third parties who continue the installments and want to take a certificate of home ownership after paid off will face difficulties because the bank only wants to deal with the initial debtor. Meanwhile, the existence of the initial debtor could be unknown.

Q: What is the role of the bank in preventing problems arising from the transfer of uncontrolled credit rights?

A: Banks, especially BTN, have an important role in preventing problems arising from the transfer of uncontrolled credit rights. BTN has mortgage rights to home that is guaranteed as a guarantee in a home ownership credit agreement. This Mortgage Right is a legal tool that provides protection for BTN in the case of transferring credit rights.

Q: How can third parties who continue the installments and want to take a certificate of home ownership after paid off protect their rights?

A: Third parties who continue the installments and want to take a certificate of home ownership after paid off should be aware of the initial debtor's existence and the bank's rights. They should also ensure that the sale and purchase agreement is compiled by a notary to increase legal certainty for third parties.

Q: What are the benefits of transferring credit rights through the debtor transfer process at the bank?

A: Transferring credit rights through the debtor transfer process at the bank provides legal certainty and security for all parties involved in the transaction. It also helps to prevent problems arising from the transfer of uncontrolled credit rights.

Q: What are the limitations of this study?

A: This study has several limitations that should be noted. The study was conducted at the Medan Branch of the State Savings Bank (BTN) and may not be representative of other banks or regions. The study only analyzed the transfer of mortgage credit rights and did not consider other types of credit transactions. The study relied on secondary data and may not have captured the nuances of the transfer of credit rights in practice.

Q: What are the future research directions?

A: Future research should aim to investigate the transfer of credit rights in other types of credit transactions, such as personal loans or business loans. It should also examine the impact of the transfer of credit rights on the economy and the banking system. Additionally, it should develop a more comprehensive framework for the transfer of credit rights that takes into account the interests of all parties involved.

Q: What are the references used in this study?

A: The references used in this study include the State Savings Bank (BTN) guidelines on Home Ownership Credit (KPR), the Indonesian Banking Law, and the Notary Law.

Q: What are the appendices included in this study?

A: The appendices included in this study are the list of interviewees, the survey instrument, and the data analysis procedures.

Q: What is the conclusion of this study?

A: The transfer of mortgage credit rights is a complex practice that requires caution. To avoid legal problems and losses for all parties, it is essential to transfer credit rights through the debtor transfer process at the bank. Thus, all parties can be protected, and transactions can run smoothly.