Consumer Protection Law of Transactions in Home Ownership in the District Malang

Davyananda Widyazizi Sawfian Mahmudy, Bambang Winarno Prija Djatmika


Issues of legal protection of the consumer in the home ownership transactions in Malang regency related to civil law and administrative law. Technical for it involves the parties, the Notary and the Bank, in particular the State Savings Bank. technically, that the transfer of rights (oper credit), must be made through the office of the Notary. The mechanism is, the parties that the seller and buyer, together came to Notary, with the completeness of the required file. From research conducted, there are obstacles in the transfer of the debtor or oper credit with the Bank. The main factor of the constraints caused by the debtor's old and new prospective borrowers that can not be met and the present together facing the Bank. Both have done right transfer under hand, they made themselves. Of course without notify the State Savings Bank. For this case the bank will refuse to process forwarding the mortgage debt. To solve it is by imploring the determination letter from the District Courts. In accordance to the above, it seems relevant to people who intend to continue the transfer of title by way of credit (credit oper), you should immediately take care of and dealing with Parties State Savings Bank. The goal is to ascertain the debtor's credit position long. In the implementation of the Home Ownership Loan Agreement, the Bank is expected to always pay attention and apply the precautionary principle and perform credit analysis carefully, thoroughly and in depth from various aspects based on the principles that apply universally in the world of banking. It is necessary to avoid or anticipate the emergence of transfer of credit problems in the future. To avoid constraints in the implementation of the transfer of the debtor (oper credit), must follow the procedures of the Bank without deviation. The Bank should proactively conduct the necessary verification of the entire preoses and documents needed. This is to prevent the judicial process that takes a long time and cost a fortune.

Keywords: Legal Protection, Home Ownership Transaction, the Bank and Notary

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ISSN (Paper)2224-3240 ISSN (Online)2224-3259

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