Kedudukan hukum pemegang hak tanggungan terhadap hak atas tanah yang memiliki sertifikat ganda = Legal status of mortgage right holders that has multiple certificates of land ownership

Putra, Ronaldo Ade (2016) Kedudukan hukum pemegang hak tanggungan terhadap hak atas tanah yang memiliki sertifikat ganda = Legal status of mortgage right holders that has multiple certificates of land ownership. Bachelor thesis, Universitas Pelita Harapan.

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Abstract

Article 33 paragraphs (3) of the 1945 Constitution states that the earth, water and natural wealth contained in it are controlled by the State, which is used as much as possible for the interest of society. One manifestation of this is the implementation of the article with the establishment of the Agrarian Law as the national agrarian law in Indonesia. Under Agrarian Law there are stipulations concerning that there will be established the Law on Mortgage right embodied in Law No.4 on 1996 on Mortgage right that attached to the land rights in accordance with the Agrarian Law. Mortgage right is favored by creditors (such as banks) because the object that act as a collateral have a high value and is prioritized. But there is a problem where Encumbrance owned by the creditor must be revoked because the land rights that are guaranteed is not legally owned by the debtor, but has been proven to belong to another party. The debt held by the debtor does not necessarily disappear with the disappearance of mortgage right because mortgage right is an accesoir agreement that follows the principal agreement which is the loan agreement, so that the loss of collateral in such cases will not lead to the abolition debtor’s debt, but still gives loss for the creditor because the loss of material security leads to the loss of legal status as a priority creditor to become concurrent creditors who do not have collateral or the right of priority based on law. Banks as creditor should be cautious in accepting loan applications related to the guarantee of mortgage, by asking National Land Agency (Badan Pertanahan Negara/ BPN) to assess that land. If that case happens, then banks can make several attempts, one of which is an effort to renew the agreement, which banks will seek a new agreement with the debtor to keep both sides mutually benefited and feel safer.

Item Type: Thesis (Bachelor)
Creators:
CreatorsNIMEmail
Putra, Ronaldo AdeUNSPECIFIEDUNSPECIFIED
Contributors:
ContributionContributorsNIDN/NIDKEmail
Thesis advisorSari, Vicensia Esti PurnamaUNSPECIFIEDUNSPECIFIED
Thesis advisorMainake, YosephusUNSPECIFIEDUNSPECIFIED
Subjects: K Law > K Law (General)
Divisions: University Subject > Current > Faculty/School - UPH Karawaci > Faculty of Law > Law
Current > Faculty/School - UPH Karawaci > Faculty of Law > Law
Depositing User: Esterina M. Jonatan
Date Deposited: 17 Aug 2018 04:40
Last Modified: 05 Mar 2019 08:03
URI: http://repository.uph.edu/id/eprint/440

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