PERLINDUNGAN HUKUM BAGI BANK SELAKU KREDITUR PEMEGANG HAK TANGGUNGAN ATAS PENETAPAN TANAH TERLANTAR BERDASARKAN PERATURAN PEMERINTAH NOMOR 11 TAHUN 2010 TENTANG PENERTIBAN DAN PENDAYAGUNAAN TANAH TERLANTAR (STUDI KASUS PERBANKAN DI WILAYAH BANTEN)
| Main Author: | Hanafiah, Yohan |
|---|---|
| Format: | Thesis NonPeerReviewed Book |
| Bahasa: | eng |
| Terbitan: |
, 2017
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| Subjects: | |
| Online Access: |
https://eprints.untirta.ac.id/9100/1/PERLINDUNGAN%20HUKUM%20BAGI%20BANK%20SELAKU%20KREDITUR%20PEMEGANG%20HAK%20TANGGUNGAN%20ATAS%20PENETAPAN%20TANAH%20TERLANT.PDF https://eprints.untirta.ac.id/9100/ |
Daftar Isi:
- The Indonesian nation at this time is actively carrying out development, with the aim to create prosperity and justice for the entire nation of Indonesia. Arrangement by the State regarding the state's control over land, one of which is contained in Government Regulation no. 11 years 2010 regarding inputation and utilization of neglected land. Holders of Dependent Rights are given the authority to rescue the object of the Mortgage Right for the sake of saving the object of Mortgage right from the risk of deletion or the abrogation of the right which is the object of the Mortgage Right. The formulation of the problem in this research are: 1. How legal protection for Bank as Creditor in financing agreement to the problem of determining abandoned land object object of Mortgage Rights. 2. What is the arrangement of the debitor's responsibility for the object of Mortgage Right which is the object of guarantee in a Bank financing agreement pursuant to Law no. 4 years 1996 (State Gazette of the Republic of Indonesia Years 1996 No. 42) regarding Mortgage Rights. The type of research used is normative juridical as the main method and empirical juridical as the supporting method. The results of this study indicate that the legal protection for the Bank as a creditor in the financing agreement on the problem of land assignment abandoned objects of the Rights of the Government is regulated in Government Regulation no. 11 years 2010 still has not given a sense of justice and legal certainty is evidenced by the absence of 1 (one) provisions also related to the rights & obligations of Mortgage Holders and the absence of provisions on compensation. The provisions contained in the PP only look at 1 (one) side of interest only. Based on Law no. Law No. 4 years 1996 (State Gazette of the Republic of Indonesia Years 1996 No. 42) on Mortgage Rights has been clearly reflected, with Article 14 confirming that the Certificate of Mortgage Rights has the same executive power as the court ruling which has obtained permanent legal force and acts as a substitute for grosse Mortgage deeds as far as the rights to land are concerned. So that the parties both the creditor and the debtor are expected to be able to meet the provisions contained in UUHT in a fair and balanced in accordance with the promises that have been agreed. Key words: Bank, Guarantee Rights, Determination of Neglected Land