Tatuil, Joshua Kenji
(2019)
Analisis terhadap perkara wanprestasi perjanjian utang piutang dengan jaminan sertifikat hak milik atas tanah (studi kasus putusan pengadilan negeri purworejo no: 13/pdt.G/2012/pn.Pwr.) = Analysis of defaults on debt agreement with guarantee of land ownership certificate.
Bachelor thesis, Universitas Pelita Harapan.
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Abstract
Loan agreement is an agreement that is commonly done by people in Indonesia. However, it often happens that one party in this agreement, commits an act of default so that it harms the other party. One way to avoid this loss is by binding a collateral for the debtor's assets in the loan agreement. As is the case in the case of the Purworejo District Court Decree No.13 / Pdt.G / 2012 / Pn.Pwr. The formulation of the problem in the thesis consists of two, namely the relationship between the debt agreement with the credit agreement that uses the object of the same agreement, then the result of defaulting done by the debtor on the loan agreement. This thesis uses a normative juridical research method, using secondary data types which are analyzed qualitatively. Based on the results of the study, it shows that the relationship between the loan agreement with the credit agreement in this case is, second, using the same collateral object, but in the loan agreement the guarantee object is charged with mortgage rights. Therefore, based on Law Number 4 of 1996 concerning Mortgage Rights, Creditors who become holders of mortgage rights to the object of contractual guarantees are known as Preferred Creditors and will take precedence over the repayment of their debt from the concurrent creditors. In addition, due to the debtor defaults on the loan agreement, because the collateral object is also used in the credit agreement and liability is imposed, the concurrent creditor cannot execute the guarantee object. The conclusion of this thesis is that the object of the guarantee agreement is even used in two different agreements, because the loan agreement has already imposed a Mortgage Right, then the holder of the right of ownership has the right to the object of the guarantee agreement. In accordance with Purworejo District Court Decision No.13 / Pdt.G / 2012 / Pn.Pwr
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