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)

Cindy, Cindy and Isnainul, O.K. and Leonard, Tommy and Pakpahan, Elvira and Pakpahan, Kartina (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). In: ICLHR 2021, 14-15 April 2021, Jakarta, Indonesia.

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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.

Item Type: Conference or Workshop Item (Paper)
Uncontrolled Keywords: debts; sale and purchase; land
Subjects: H Social Sciences > H Social Sciences (General)
Depositing User: EAI Editor IV
Date Deposited: 12 Jan 2022 10:54
Last Modified: 12 Jan 2022 10:54
URI: https://eprints.eudl.eu/id/eprint/9436

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