Legal Protection for Creditors in Cases of Forged Certificates of Ownership by Debtors (A Study at Bank Mega Ujung Batu Branch)

Abstract

This study discusses legal protection for creditors in cases involving the falsification of Certificates of Ownership (Sertifikat Hak Milik/SHM) by debtors, with a case study conducted at Bank Mega Ujung Batu Branch. This issue is significant because the use of forged collateral not only causes financial losses to banks but also creates legal uncertainty in credit transactions. The purpose of this study is to examine the forms of legal protection available for creditors and to analyze the legal liability of debtors who use forged SHM documents as loan collateral. This research employs an empirical legal method using a case study approach. Data were collected through interviews, observations, and direct documentation in the field. The findings reveal that the debtor committed a breach of contract by failing to fulfill credit repayment obligations while simultaneously providing invalid collateral. From the perspective of civil law, such actions violate the provisions of the Indonesian Civil Code (KUHPerdata), thereby rendering the agreement voidable. From the criminal law perspective, the act constitutes document forgery, which may result in criminal sanctions under the Indonesian Criminal Code (KUHP). Legal protection for creditors in this case is implemented through both preventive and repressive measures. Preventively, the bank applies the prudential principle during the credit analysis process, although weaknesses remain in document verification procedures. Repressive measures include the suspension of further credit disbursement, reporting the case to law enforcement authorities, and filing civil lawsuits for contract annulment and compensation for damages. This study concludes that legal protection for creditors remains largely reactive, as it is generally enforced only after legal problems arise. Therefore, improvements in verification systems and stronger cooperation among banks, the National Land Agency (BPN), and notaries/land deed officials (PPAT) are necessary to prevent similar cases in the future.