独立性决定了评估银行信贷协议中抵押品的数量

E. Simatupang, S. Sunarmi, Mahmul Siregar, Utary Maharany Barus
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引用次数: 0

摘要

银行在提供信贷便利时总是要求客户提供抵押品,作为客户与银行签订合同的一种担保或责任。银行也可以聘请评估银行或公共评估服务办公室(KJPP)。预计KJPP将防止错误的抵押品估值和价值工程。因此,研究的问题是评估银行在信贷合同中对抵押品进行估值时的独立性如何,评估银行获得的估值结果对信贷合同中抵押品的约束力如何,以及评估银行对评估银行对信贷合同中抵押品进行估值的责任如何。这是一项规范性、法律性和描述性的研究。本研究采用成文法的方法,使用了一级、二级和三级法律资料。数据收集自图书馆研究和实地观察。它们通过减少数据、呈现数据、得出结论/进行验证来获得描述性数据来进行分析。研究结果表明,该方法具有较强的独立性。当他在没有任何人干预的情况下进行评估时,评估是被评估的。从法律角度看,鉴定是有效的,并对附标物产生影响;他的评估结果成为他的责任。评估师对其估价结果的责任可以从其报告与现行规定的一致性中看出。有人建议,一个人必须有特定的技能、正直、诚实和客观才能成为一名评价人员。评估还必须以道德准则和现行法律法规为指导。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Independensi Penentuan Jumlah Nilai Agunan dalam Perjanjian Kredit yang Dilakukan oleh Appraisal Bank
A bank always requires collateral to its customers in providing credit facility as a form of a guarantee or responsibility for their contract with the bank. A bank also employs an Appraisal Bank or Public Appraisal Service Office (KJPP). KJPP is expected to prevent wrong collateral valuation and value engineering. Therefore, the research problems are how the independence of an Appraisal Bank is, in performing collateral valuation in a credit contract, how the binding force of the valuation results gained by an Appraisal Bank to the collateral in a credit contract, and how the liability of the Appraisal Bank for the valuation performed by an Appraisal Bank to the collateral in a credit contract. This is a normative juridical and descriptive research. This research employs statutory method using primary, secondary, and tertiary legal materials. The data are collected from library study and field observation. They are analyzed by reducing data, presenting data, and drawing conclusions/making verification to obtain descriptive data. The results of the research conclude that the independence an. appraisal is assessed when he performs valuation without intervention from anyone. In legal view, an appraisal is considered valid and affecting the collateral object; the results of his valuation becomes his responsibility. The responsibility of an appraisal for his valuation results can be seen from the conformity of his report and the prevailing regulations. It is suggested that one be required and obliged to have specific skills, integrity, honesty and objectivity to become an appraisal. An appraisal also has to be guided by ethical codes and prevailing laws and regulations.
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