Jaminan Hak Tanggungan Atas Tanah Milik Pihak Ketiga dalam Perjanjian Kredit di Lembaga Keuangan Perbankan Berdasarkan Undang - Undang Nomor 4 Tahun 1996 Tentang Hak Tanggungan

Yunita Krysna Valayvi • Djuwityastuti
Journal article Privat Law • November 2016

Abstract

This paper aimed to determine the objects mortgage rights above land owned by third parties that collateralized with mortgage on the financial institution bangking by the debitor based on the law number 4 of 1996 on mortgage. This research is a prescriptive normative legal research, with a statue appoarch. The types and source data is Source of secondary data that comprise a primary law and secondary law. Method of collecting legal materials is document study. Law number 4 of 1996 on mortgage implicity explains the involvement of third parties in the granting guarantee of mortgage rights, the rules same with the guarantees given by the debitor it self, because third parties also been regarded as a second debitor in the credit agreement after handing over ownership of the mortgage right. Then the third parties and the debitor has been considered the same position on that credit agreement. Preventive legal protection for third parties is given by land deed official, Notary, and Bank. Repressive legal protection in the mortgage contaired in article 23 of law number 4 of 1996 on mortgage, providing for sarctiors imposed on land deed official and Notary because of reglect or abuse provisions laid. The government's future is expected to improve the law number 4 of 1996 on mortgage about provisions that explains the involvement of third parties in the granting of land right guarantees to anticipate the implementation of credit with a guarantee land owned by third parties.

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Privat Law

Privat Law is an annual law review published by Sebelas Maret University in Indonesia. It publish... see more