PERLINDUNGAN HUKUM BAGI KREDITUR DALAM PELAKSANAAN EKSEKUSI HAK TANGGUNGAN DENGAN BERLAKUNYA UNDANGUNDANG NOMOR 4 TAHUN 1996 TENTANG HAK TANGGUNGAN ATAS TANAH BESERTA BENDA-BENDA YANG BERKAITAN DENGAN TANAH
| Main Author: | SUHERMAN, HERY |
|---|---|
| Format: | Thesis NonPeerReviewed Book |
| Bahasa: | ind |
| Terbitan: |
, 2016
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| Subjects: | |
| Online Access: |
https://eprints.untirta.ac.id/11281/1/PERLINDUNGAN%20HUKUM%20BAGI%20KREDITUR%20DALAM%20PELAKSANAAN%20EKSEKUSI%20HAK%20TANGGUNGAN%20DENGAN%20BERLAKUNYA%20UNDA.PDF https://eprints.untirta.ac.id/11281/ |
Daftar Isi:
- This study examines the forms of legal protection given to creditors in the carrying out of executions Mortgage with the enactment of Law No. 4 of 1996 on Mortgage of Land and Their Bodies Relating to Land. The purpose to achieved in this research, which is to analyze legal protection for a creditor the holder the right dependent and to the execution objects formal use of Mortgage with the enactment of law no. 4 of 1996. This research includes normative legal research is descriptive. The data used in this research is secondary data (secondary data), the data is not obtained directly from the field or the community, but through the study of literature by reviewing and studying books, literature, journals, and Internet data. The data collection technique used is literature study, while data analysis technique conducted qualitatively. Results obtained from this legal research is a form of legal protection given to the creditor when the debtor defaults under the Act No. 4 of 1996 which is a credit agreement as outlined in deed form, either in the form of a deed under the hand and deed authentic according to the explanation of Article 10 of Law OF No. 4 of 1996, that with the issuance of the Certificate Encumbrance by the Land Office as proof of their Mortgage, which has irah-irah and have the same powers as executorial judge's decision is legally binding, so if the debtor's breach of contract or tort, may request aid directly to the Chairman of the local District Court to execute through a public auction in order to obtain repayment of receivable creditor. As well as the interpretation of the Act No. 4 of 1996, which gives legal protection to creditors, namely the provision of Article 1 paragraph 1 of the preference rights of a creditor; Article 6, Article 14 paragraph (1), (2) and (3) and Article 20 (2) and (3) the execution Mortgage; Article 11 (2) of appointments that should be included in the Deed Granting Mortgage (APHT) to protect the creditor when the debtor defaults, as well as the provisions of Article 7 concerning the principle of droit de suite which states that Encumbrance still guaranteeing the object even switch to a third party that will still guaranteeing the settlement of receivables of creditors.