Article Per Year (5 Year)
p-Index From 2021 - 2026
0.23
P-Index
This Author published in this journals
All Journal Pena Justisia: Media Komunikasi dan Kajian Hukum
Febriana Nur Widyaningsih
Universitas Negeri Malang, Indonesia
Law, Crime, Criminology & Criminal Justice

Published : 1 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 1 Documents
Search

 1 
A Legal Review of The Principle of Legal Certainty in The Use of Certificates of Ownership As Collateral For Loans in Conventional Banking Tia Pradipta Sasnindyah Ari; Diyan Isnaeni; Suratman; Febriana Nur Widyaningsih
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 1 (2025): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

This study aims to examine the principle of legal certainty, particularly as it relates to Certificates of Ownership (SHM) as collateral for loans in conventional banking. This study falls under the category of normative legal research and employs two main approaches: the conceptual approach and the statutory approach. The findings of this study indicate that the legal conception of the principle of legal certainty regarding SHM as credit collateral in conventional banking is robust and guaranteed through the integration of the land registration system, as mandated by the Land Law (UUPA), and the system of real property collateral, as mandated by the Law on Real Property (UUHT). In practice, the use of SHM as credit collateral often encounters various normative obstacles that have the potential to hinder the hierarchical application of the principle of legal certainty. The normative obstacles in question include: (1) inconsistencies between the UUHT No. 4 of 1996 and Government Regulation No. 24 of 1997; (2) regulatory inconsistencies regarding the droit de suite (right of follow-up) and the procedures for the transfer of rights; and (3) normative obstacles arising from the dualism of enforcement mechanisms under the UUHT versus the HIR/RBg in civil procedure law.
Co-Authors Diyan Isnaeni Suratman Tia Pradipta Sasnindyah Ari