Perlindungan hukum terhadap kreditur atas batalnya sertipikat hak milik atas tanah yang sedang dibebani hak tanggungan (studi kasus putusan nomor 1401/Pdt.G/2021/Pn Tng) = Legal protection for creditors over the cancellation of ownership certificates to land currently burdened with mortgage rights (case study of decision no: 1401/Pdt.G/2021/Pn Tng)

Budianto, Angelica Caesar (2024) Perlindungan hukum terhadap kreditur atas batalnya sertipikat hak milik atas tanah yang sedang dibebani hak tanggungan (studi kasus putusan nomor 1401/Pdt.G/2021/Pn Tng) = Legal protection for creditors over the cancellation of ownership certificates to land currently burdened with mortgage rights (case study of decision no: 1401/Pdt.G/2021/Pn Tng). Bachelor thesis, Universitas Pelita Harapan.

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Abstract

Indonesia is a rule of law country aims to provide legal protection for its citizens. Cancellation of land rights can be carried out if there is proven to be an error in land registration or there is a court decision that has permanent legal force stating that the right is void. Land ownership rights are the highest rights that a person can have, as evidenced by the existence of a Certificate of Ownership (SHM). In the provisions of Article 25 of the UUPA, ownership rights can be used as collateral for debt by being burdened with a mortgage. Mortgage rights are collateral rights to land for the repayment of certain debts that provide a preferred position for its creditors (preferred creditors). The formulation of the problem in this study is how is the legal protection for creditors for the cancellation of the Certificate of Ownership for land that is being burdened with a mortgage in Decision No: 1402/Pdt.G/2021/PN. Tng and reviewed from positive Indonesian law. The research method used by the researcher is a normative method, with a statute approach and a case approach, by conducting an in-depth analysis of all laws and regulations related to legal protection for creditors and using the Tangerang District Court Decision No: 1402/Pdt.G/2021/PN Tng. The results of this study state that based on positive law, legal protection for creditors holding mortgage rights for the cancellation of SHM for land that is being burdened with mortgage rights is contained in the UUHT and the provisions of the Civil Code. The form of legal protection obtained by Defendant III as a creditor holding mortgage rights in Decision number 1401/Pdt.G/2021/PN Tng, the debtor is still entitled to receive his rights to the obligation to pay the debt from the debtor based on the provisions contained in Article 18 paragraph (4) UUHT, as well as the provisions of Article 1131-1132 of the Civil Code stating that all objects, whether existing or new that will be in the future owned by the debtor can become the property of the creditor holding the mortgage rights, on the basis of a credit agreement that has been agreed upon previously.
Item Type: Thesis (Bachelor)
Creators:
Creators
NIM
Email
ORCID
Budianto, Angelica Caesar
NIM01051210094
angelicacaesarbudianto@gmail.com
UNSPECIFIED
Contributors:
Contribution
Contributors
NIDN/NIDK
Email
Thesis advisor
Susantio, Catherine
NIDN0305048603
catherine.susantio@lecturer.uph.edu
Uncontrolled Keywords: legal protection; mortgage rights; preferred creditor; cancellation of mortgage rights objects.
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: ANGELICA CAESAR BUDIANTO
Date Deposited: 02 Feb 2025 11:04
Last Modified: 02 Feb 2025 11:04
URI: http://repository.uph.edu/id/eprint/66695

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