ANALISIS HAK TANGGUNGAN YANG OBJEKNYA DALAM PROSES SENGKETA (STUDI PUTUSAN MAHKAMAH AGUNG NOMOR 2301 K/Pdt/2007)
Daftar Isi:
- This thesis is entitled "Analysis of Mortgage Rights whose Objects are in the Process of Disputes (Study of Decision of the Supreme Court Number: 2301 K / Pdt / 2007)". This research is Normative research. The purpose of this study is to find out the legal consequences of what happens from Mortgage Rights whose object is in the process of disputes and legal efforts made by creditors if the debtor defaults while the object of mortgages is in the process of dispute. The result of the study is that the object of Underwriting Rights does not have legal force because the ownership rights on the land have been removed from the debtor who pledged the land to the creditor. From the results of the study, it can be concluded first, the legal consequences of the mortgage rights whose object in the dispute process is the liability to be deleted due to the abolition of rights to land which are borne by mortgages. Second, legal efforts made by creditors if the debtor defaults while the object of liability in the dispute process is to file a civil suit against other assets of the debtor to take repayment from creditor receivables based on Article 1131 of the Civil Code.