The Legal Situation Of The Consent Roya's Associates Against The Loss Of Liability Rights Certificate
DOI:
https://doi.org/10.30659/akta.v7i3.11286Keywords:
Legal Standing, Deed Of Roya Consent, Certificate Of Mortgage, Power Of Execution, Authentic Deed.Abstract
This study aims to determine and analyze the legal position of Roya's Consent Deed on the loss of a Certificate of Mortgage; Notary authority in drawing Roya Consent Deed against the loss of a Certificate of Mortgage; as well as legal consequences arising from the loss of a Certificate of Mortgage? The research method used is sociological juridical research methods. Based on the research, it is concluded that the Roya Consent deed is a statement from the debtor in a notarized manner, which says that the debtor has been paid off of his debt and the creditor agrees to write off the certificate of land rights encumbered by the Mortgage to be a certificate which is clean from any kind of engagement. Roya's Consent Deed has no executorial power as does the Certificate of Mortgage; The notary's authority in making Roya's Consent Deed is based on the debtor's statement before the Notary so that the statement or act is contested by the Notary in an authentic deed. This is in accordance with the Law on Notary Position; the legal consequence of the Loss of Security Certificate for the debtor is unable to take legal action against his / her land rights, namely not being able to merit, or not being able to guarantee the right to his land or transferred to another party.References
A. Book
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Constitution 1945 of the Republic of Indonesia
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Law number 5 of 1960 concerning Basic Agrarian Principles (UUPA)
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Law No. 2 of 2004 concerning the Second Amendment to Law No. 30 of 2004, concerning the Position of Notary
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Marissa Isabella, Juridical implication of loss of mortgage certificate in roya process, etd.repository.ugm.ac.id/index.php,accessed on 7 November 2015.
D. Interview
Interview with Notary-PPAT Sumardi, Cilacap, January 11, 2016
Interview with PPAT Notary Ida Prasanti Erwin, Cilacap, November 16, 2015
Interview with Mr. Djatmiko, Head of the Section for Land Rights and Land Registration at the Cilacap Regency Land Office, January 14, 2016.
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