Layla Martama’na Suratul Fatekhah, Lutfia and , Mutimatun Ni’ami, S.H.,M.Hum (2018) Tinjauan Hukum Terhadap Sengketa Wanprestasi Hutang Piutang Dengan Jaminan Sertifikat Tanah (Analisis Putusan No.:26/Pdt.G/2014/PN.Kln). Skripsi thesis, Universitas Muhammadiyah Surakarta.
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Abstract
Warranties are anything that the borrower provides to the Creditor to guarantee a particular debt. Especially for collateral in the form of immovable property such as land right, so to be used as collateral shall be burdened with prior rights in accordance with Law Number 4 Year 1996 concerning Mortgage Rights. The problem of this research is the legal review of the debtor wanprestasi debtor disputes with the land certificate guarantee by performing the decision analysis No.:26/Pdt.G/2014/PN.Kln. the method used in this research is normative juridical. Type of research in this research is descriptive research. The result of the 2 research has got the result that the effect of the law on the dispute of the debts of the debts receivable with the guarantee of the land certificate that has not been registered the mortgage right is that the holder of the guarantee does not have the preferred position in terms of the settlement of the receivables. Because the guarantee is not registered mortgage rights, then the object of the guarantee can not be executed because it does not have the executive power owned by the guarantee that is borne by the mortgage. Legal protection for the creditor on the guarantee of the land certificate which is not burdened by the dependent right is due to the absence of the mortgage so as to result in the creditor having no pisition as preferred creditor and in case of default, the creditor can not execute the guarantee object. However, creditors can still obtain their rights by way of deliberation in a kinship between the parties in the hope there is good faith of the debtor to pay off its debt. However, in the absence of goodwill of the debtor, the creditor can file a lawsuit to the Court on the basis of the claim that the debtor has defaulted so that the debtor must execute the decision of the Court and the creditor shall obtain his rights in the form of obtaining the fulfillment of the commitment in the form of repayment of all debtor’s debt to the creditor in question.
| Item Type: | Karya ilmiah (Skripsi) |
|---|---|
| Uncontrolled Keywords: | wanprestasi, accounts payable, guarantee, mortgages. |
| Subjects: | K Law > K Law (General) |
| Divisions: | Fakultas Hukum > Hukum |
| Depositing User: | LUTFIA LAYLA MARTAMA'NA SUROTUL FATEKHAH |
| Date Deposited: | 10 Apr 2018 06:19 |
| Last Modified: | 10 Apr 2018 06:19 |
| URI: | http://eprints.ums.ac.id/id/eprint/61756 |
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