Legal Analysis of the Creditor Agreement as a Legal Basis for Changing Ownership Rights to Land Still Bound by Mortgage Rights from an Individual to a Legal Entity in the city of Cirebon

Sugito Sugito

Abstract


Various provisions in Article 7 and the explanation of Article 7, Article 11, Article 13, and Article 14, as well as Article 18 of the Republic of Indonesia Law Number 4 of 1996 concerning Mortgage Rights on Land and Objects Related to Land, emphasize that the creditor's agreement as a legal basis for changing ownership rights on land that is still bound by mortgage rights from individuals to Legal Entities cannot be carried out. However, in reality, in the case of the Cirebon City Science Development Foundation, there has been a transfer of ownership rights over the land object to which the Mortgage Right agreement is attached. The approach method used in compiling this paper is normative legal research (normative legal research method). Based on the research results, it can be seen thatThe provisions in Article 7 and the explanation of Article 7, Article 11, Article 13, and Article 14, as well as Article 18 of the Republic of Indonesia Law Number 4 of 1996 concerning Mortgage Rights on Land and Objects Related to Land, confirm that the creditor's agreement as a legal basis for changing ownership rights on land that is still bound by mortgage rights from an individual to a Legal Entity in the case of the Cirebon City Science Development Foundation is not clearly regulated in the Republic of Indonesia Law Number 4 of 1996 concerning Mortgage Rights on Land and Objects Related to Land. The creditor's agreement as a legal basis for changing ownership rights over land that is still bound by mortgage rights from individuals to legal entities in the case of the Cirebon City Science Development Foundation does not have clear and strong legal certainty, this can result in the rights of creditors and debtors being violated, this is because the implementation of changing ownership rights over land that is still bound by mortgage rights from individuals to legal entities in the case of the Cirebon City Science Development Foundation based on the creditor's agreement as a legal basis can result in misbruik van omstandigheden.


Full Text:

PDF

References


Ahmad, Tohaputra, 2000, Al-Qur’an Dan Terjemahannya, CV. As Syifa, Semarang

AM., Mohammad Daud, 1993, Hukum Islam Pengantar Ilmu Hukum dan Tata Hukum Islam di Indonesia, Rajawali Pers, Jakarta

Anonim, Ensiklopedia Hukum Islam, 1996, Ichtiar Baru Van Hoeve, Jakarta

Hadjon, Philipus M., 1987, Perlindungan Hukum Bagi Rakyat Indonesia, Bina Ilmu, Surabaya

Soekanto, Soerjono, 1996, Pengantar Penelitian Hukum, UI Press, Jakarta

Wahyuningsih, Sri Endah dan Muchamad Iksan, Reconstruction of the retroactive principle in the Indonesian criminal Law code based on the value of religious wisdom, International Journal of Law Reconstruction Volume I, Issue 1, September 2017


Refbacks

  • There are currently no refbacks.


Editorial Office: TABELLIUS: Journal of Law Room 2nd Floor Imam As Syafei Building Faculty of Law Universitas Islam Sultan Agung. Jln. Kaligawe KM. 4, Semarang City, Central Java, Indonesia. Phone +62 24 6583584 Fax +62 24 6582455

Phone: 024-6583584 (574)
Email : tabelius@unissula.ac.id