ANALISIS YURIDIS PEMBEBANAN HAK TANGGUNGAN DAN IMPLIKASI HUKUM ATAS HAK TANAH SEBAGAI OBJEK JAMINAN PERBANKAN (STUDI PENELITIAN DI PT. BPR INDOBARU FINANSIA BATAM)

Abstract

The Imposition of Mortgage rights is regulated in Act Number 4 of 1996 about Mortgage rights. Land rights that can be encumbered by the Mortgage rights are freehold rights title, cultivation rights title, building rights title and rights to use title of state land that has been registered at the National Land Office. This research aims to explain the process of the Mortgage rights’ imposition and the legal implications of land rights as an object of bank guarantee and to find out the implementation, the obstacles, and the solutions. This research uses empirical normative research and sociological normative methods. The result of the research explained that the Mortgage rights is carried out based on the existence of debt agreement by the bank and the debtor called credit agreement. Therefore, the Mortgage rights is accecoir which is a special agreement made by the main agreemen. The purpose of The existence of Law Number 4 of 1996 about Mortgage Rights is to guarantee the debt granted by the bank as the holder of the Mortgage rights to the debtor. If the debtor breaks the agreement, then the land encumbered by the Mortgage rights can be sold by the Mortgage rights holder through the public auction and the debtor cannot express his objection. The Mortgage rights provide the protection both in legal and economic terms to the bank as the holder of the Mortgage rights.