Research Article
Juridical Analysis of Individual Loan Guaranteed by Land Rights Which Shifted to Authentic Sale and Purchase Deed (Case Study Of The Supreme Court Decision Number 1857 K / Pdt / 2016)
@INPROCEEDINGS{10.4108/eai.14-4-2021.2312523, author={Cindy Cindy and O.K. Isnainul and Tommy Leonard and Elvira Pakpahan and Kartina Pakpahan}, title={Juridical Analysis of Individual Loan Guaranteed by Land Rights Which Shifted to Authentic Sale and Purchase Deed (Case Study Of The Supreme Court Decision Number 1857 K / Pdt / 2016)}, proceedings={Proceedings from the 1st International Conference on Law and Human Rights, ICLHR 2021, 14-15 April 2021, Jakarta, Indonesia}, publisher={EAI}, proceedings_a={ICLHR}, year={2021}, month={10}, keywords={debts; sale and purchase; land}, doi={10.4108/eai.14-4-2021.2312523} }- Cindy Cindy
O.K. Isnainul
Tommy Leonard
Elvira Pakpahan
Kartina Pakpahan
Year: 2021
Juridical Analysis of Individual Loan Guaranteed by Land Rights Which Shifted to Authentic Sale and Purchase Deed (Case Study Of The Supreme Court Decision Number 1857 K / Pdt / 2016)
ICLHR
EAI
DOI: 10.4108/eai.14-4-2021.2312523
Abstract
This study analyzes normative provisions of debts with land guarantee, legality of transferring debt collateral to object of sale and purchase using notary deed and fair legal considerations and certainty in the decisions discussed. The results conclude that normative provisions regarding debts and receivables with land guarantees are regulated in Mortgage Rights Law Number 4 of 1996 concerning Mortgage Rights. the transition of debt guarantee into object of sale and purchase in lending and borrowing relationship have no correlation, a sale and purchase occurs clearly and in cash as stated in Article 1458 of the Civil Code and if there is a transfer of collateral, the creditor must go through the stages of land guarantee execution according to the provisions of the Mortgage Rights Law. Legal consideration is supposed to consider the legal facts, regarding legal actions of loan and sales, like paying the remaining debts following interest and cancelling the sales agreement to provide a sense of justice and legal certainty.