The Spraying of Collateral by the Bank is an Unlawful Act

Abstract

Often a notary makes a credit agreement deed whose contents conflict with regulations/legislation. This can cause problems in the future, as credit agreements often include clauses that allow banks to spray, put up stickers or notice boards that say '\This Land & Building is under bank supervision.' creditors against their customers (debtors), are often considered unlawful acts, because they have embarrassed other people, resulting in lawsuits in court. However, the bank's actions are considered to be in accordance with the SOP and what was agreed upon in the Deed of Credit Agreement which is an authentic deed made by a notary. In this research, researchers will analyze whether the bank's actions are considered correct or not, whether the notary can refuse to make a deed that is contrary to statutory regulations, norms of decency and politeness. Poewriter will discuss the results of the analysis of this problem. The research method used is normative and empirical legal research methods (normative juridical & empirical juridical) by conducting a study of library materials to collect secondary data. Normative legal research is carried out by examining library materials which are secondary data, while empirical research is by analyzing cases in the PMH lawsuit at the Kuningan District Court, West Java. From the analysis, it can be understood that spraying of collateral objects often occurs which gives rise to lawsuits against the bank. From the results of this research, the researcher can conclude that the bank should not spray the collateral, because it is classified as an unlawful act, the notary should not include a clause that allows the bank to carry out the spraying because this is a violation of defamation, violates decency and politeness in public. The notary also has the right to refuse and provide an explanation to the bank regarding the disadvantages of including clauses that could harm other people, so that they can avoid lawsuits in the future.