SOESILO HADI RIJANTO (2025) KEDUDUKAN HUKUM BANK SELAKU KREDITOR PEMEGANG HAK TANGGUNGAN. Thesis thesis, UNIVERSITAS AIRLANGGA.

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Abstract

Laws number 4 year 1996 on mortgage of land title with or without and its buildings, plants and creatures attached to it, hereinafter referred to "mortgage", has a main goal, id est protection and certainty of law relating to land title as an effective and efficient security in collecting creditors debt. The mortgage will exist if two requirements done. First requirement is deed of mortgage made before land deed issuing officer (pejabat pembuat akta tanah) as public officer. Second requirement is registration of mortgage deed in regency land affair office (kantor pertanahan). Both of the requirements need a certainty and synchronization of laws and or its implementation rule -- established by an existence and operation of law system in Indonesia -- on legal issues such as an existence of credit agreement as a preliminary and main agreement, classification of objects of law system, age of legal adult, land deed issuing officer as public officer, right of use on land as a mortgage's object, deed form of power of attorney to give mortgage, date of issuance mortgage's certificate, existence of mortgage certificate issued by head of regency land affair offices, executive branch of Indonesian Government, and its execution power as a legal title of mortgage's execution and implementation of power of attorney to sell mortgage's object as a separated execution. Unfortunately there is no a certainty and synchronization of laws and or its implementation rule, even an existence and operation of law system in Indonesia. Therefore, Indonesian Government should create system of law and issue certainty of law on legal issues such as an existence of credit agreement as a preliminary and main agreement, classification of objects of law system, age of legal adult, land deed issuing officer as public officer, right of use on land itself, deed form of power of attorney to give mortgage, date of issuance mortgage's certificate, existence of mortgage certificate issued by head of regency land affair offices, executive branch of Indonesian Government, and its power execution as a legal title of mortgage's execution, and implementation of power of attorney to sell mortgage's object as a separated execution in order to achieve protection and certainty of law relating to land title as an effective and efficient security in collecting creditors debt. In other words, it is very impossible to aim an effective and efficient security of land titles in collecting creditors debt by enacting Laws number 1 year 1996 itself, because law is a system.

Item Type:	Thesis (Thesis)
Subjects:	H Social Sciences > HG Finance > HG1-9999 Finance > HG1501-3550 Banking > HG1641-1643 Bank loans. Bank credit. Commercial loans K Law > K Law (General) > K1-7720 Law in general. Comparative and uniform law. Jurisprudence > K(520)-5582 Comparative law. International uniform law > K623-968 Civil law
Divisions:	03. Fakultas Hukum > Hukum Perdata
Creators:	Creators NIM SOESILO HADI RIJANTO 030010086 N
Contributors:	Contribution Name NIDN / NIDK Contributor H. MOCH. ISNAENI UNSPECIFIED
Depositing User:	mat sjafi'i
Date Deposited:	06 Mar 2025 02:58
Last Modified:	06 Mar 2025 02:58
URI:	http://repository.unair.ac.id/id/eprint/136708
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