ANALISIS MITIGASI RISIKO HUKUM PEMBERIAN KREDIT DENGAN BASE TRANSCEIVER STATION (BTS) SEBAGAI JAMINAN

Abstract

Abstract

Each activity of credit, the bank needs to obtain a guarantee on the payment of its receivables, that is by requesting the collateral to the debtor's customer, in this case the debtor is the tower company as the provider of telecommunication infrastructure services. For the funds used by the business actor, Base Transceiver Station (BTS) becomes an alternative asset pledged to the Bank, then formulated in the subject matter that focuses on the form of binding of guarantee that can be applied to the Base Transceiver Station and any potential legal risk mitigation Faced by Bank in providing credit with guarantee of Base Transceiver Station. Approach method in this research is normative juridical approach. Analytical technique used is descriptive qualitative. Based on the research result, it is concluded that the form of binding of guarantee that can be applied to BTS in the form of fiduciary guarantee which has been formulated in Law Number 42 Year 1999 concerning Fiduciary Guarantee, and Legal Risks that may be faced by banks in the provision of credit with the guarantee of base transceiver station (BTS ), Ie Binding Risk of BTS in the form of Default, The contents of the credit agreement are clauses which explains that if there is a regulation related to the BTS issued by the government, then the debtor must be willing to submit another guarantee that also cover the credit facility in the bank.

Keywords : Base Transceiver Station, Jaminan.,Mitigasi Bank