Research Article
Protection of Third Parties as the Owner of Mortgage Rights Object
@INPROCEEDINGS{10.4108/eai.4-11-2022.2329668, author={Arintya Agustina and R. Suharto and Yuli Prasetyo Adhi}, title={Protection of Third Parties as the Owner of Mortgage Rights Object}, proceedings={Proceedings of the International Conference on Sustainability in Technological, Environmental, Law, Management, Social and Economic Matters, ICOSTELM 2022, 4-5 November 2022, Bandar Lampung, Indonesia}, publisher={EAI}, proceedings_a={ICOSTELM}, year={2023}, month={9}, keywords={credit agreements dependent rights legal protection third parties}, doi={10.4108/eai.4-11-2022.2329668} }- Arintya Agustina
R. Suharto
Yuli Prasetyo Adhi
Year: 2023
Protection of Third Parties as the Owner of Mortgage Rights Object
ICOSTELM
EAI
DOI: 10.4108/eai.4-11-2022.2329668
Abstract
This study aims to discover how the legal protection obtained by third parties as owners of dependent rights objects in credit agreements and their application in Court Decision No. 134 / Pdt. G / 2020 / Pn. Skt. It is because until now, there are no laws and regulations governing legal protection that third parties can obtain. This research was conducted using the empirical approach method, and the research specifics were descriptive-analytical. The types of data used in this study are primary and secondary data with data collection methods through interview results. The data analysis method used is a qualitative descriptive method. In this study, it was found that in pledging its assets to guarantee debts of debtors, third parties get preventive and repressive legal protection. Preventive legal protection is obtained when third parties participate in the process of making Power of Attorney Imposing Mortgage (Surat Kuasa Membebankan Hak Tanggungan/SKMHT) and Deed of Granting Mortgage (Akta Pemberian Hak Tanggungan/APHT), while repressive legal protection can be in the form of filing a lawsuit and/or resistance