Perlindungan Hukum Kreditur dengan Jaminan Perorangan Ketika Penjamin Meninggal Dunia dan Ahli Waris Penjamin Menolak Warisan

The debt-receivable or credit agreement between the Bank and the debtor must be accompanied by an accessoir agreement as a guarantee from the debtor to the Bank in order to ensure orderly payment of the debtor's debts. One of the guarantees known in Indonesia is Bortocht, namely the existence of a third party who acts as a guarantor or Borg which guarantees that the debtor will not default or default, if the debtor defaults or defaults, the third party will be responsible for the debtor's debt. According to the provisions in Burgerlijk Wetboek, when the guarantor or Borg dies, the heirs and heirs will continue the heir as guarantor or Borg to the same debtor and to the same creditors. However, the provisions in the Burgerlijk Wetboek also stipulate that the heir and heirs have the right to make choices, receive inheritance from the heir or refuse inheritance from the heir. If the heir or heir chooses to reject the inheritance of the heir who has the status of guarantor or Borg, then what is the position of the creditor and what legal remedies can be taken by the creditor, the author concludes that when this happens, the position of the creditor holding the individual guarantee is as concurrent creditors, while the legal remedy that can be taken by the creditor is to ask for other guarantees as a substitute for the debtor, but in the case of a troubled debtor (wanprestatie), the creditor can ask for repayment of his receivables from the State as the manager of the inheritance for the inheritance which has no heirs, but limited to the value of the inheritance