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TINJAUAN TENTANG KEKUATAN EKSEKUTORIAL SERTIFIKAT HAK TANGGUNGAN APABILA ADA PERLAWANAN DARI DEBITUR WANPRESTASI I Putu Indra Prastika; I Made Pasek Diantha
Kertha Semaya : Journal Ilmu Hukum Vol. 01, No. 02, Februari 2013
Publisher : Fakultas Hukum Universitas Udayana

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Abstract

Mortgage act is a guarantee letter on land for payment of certain debt whichgives position primarily directed to certain creditor toward other creditors. Mortgageact is needed in relation to borrow from because it protects based on law both to thecreditor and debtor. Due to the fact that this paper explains whether or not, mortgagehas the executorial right, because of the certificate mortgage which has the same lawstrength with the statement of the court which already has firm statement of the court.Besides, this paper also explains about the strength of the mortgage when there is achallenge from debtor. So that when the debtor does not obey the agreement, thecreditor does not need to propose the jerk to the court, but only to propose theapplication to the head court at place for doing the execution towards the guaranteeletters which is given the burden. The method used in this paper was that normativemethod which referred to the law sources.