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Mustamam Mustamam
Universitas Islam Sumatera Utara
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Journal : LEGAL BRIEF

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Juridical Analysis of the Binding of Inherited Land that has not been Divided as the Object of Debt Collateral (Case Study of the Decision of the Supreme Court of the Republic of Indonesia Number 2189 K / PDT / 2017) Rika Devi Yanti Nasution; Yamin Lubis; Mustamam Mustamam
LEGAL BRIEF Vol. 9 No. 2 (2020): Law Science and Field
Publisher : IHSA Institute

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Abstract

DOI: https://doi.org/10.35335/Legal.Vol9i2 The parties in the loan or credit agreement, bind the inherited land that has not been divided as a debt collateral object, namely by guaranteeing inherited land that has not been distributed to the heirs. The formulation of the problem in this thesis is how the position of inherited land which is used as collateral originating from the sale and purchase of land from an heir, how the legal consequences of the sale and purchase of inheritance land are used as collateral in the loan receivables agreement, how is the judge's judgment in deciding the Supreme Court Decision Number 2189 K / Pdt / 2017 if seen from the guarantee law. The research method used is descriptive analysis that leads to normative juridical research that is research conducted by referring to legal norms that is examining library materials or secondary materials. Secondary data by processing data from primary legal materials, secondary legal materials and tertiary legal materials. The results showed that the position of inherited land that is used as collateral originating from the sale and purchase of land from an heir is that there must be an agreement of the heirs to avoid the seizure of inheritance between heirs, who appear with the desire to own most or all of the inherited assets that are inherited. Abandoned, registration of transfer of mortgage rights is carried out by recording it in the land book and certificate of related mortgage rights and in the land book and certificate of rights encumbered based on a letter of evidence of the transfer of receivables guaranteed due to inheritance. The transfer of land rights due to inheritance is not one of the causes of the abolition of the Underwriting Right, therefore the Underwriting Right will not be abolished by the transfer of land rights that it encumbered. Judge's consideration in deciding the Republic of Indonesia's Supreme Court Decision Number 2189 K / Pdt / 2017 if seen from the guarantee law is land that has been the object of collateral for a credit loan legally. The guarantee cannot be transferred or sold or carried out a legal action on the object of the guarantee without the permission of other heirs as well as creditors namely the North Sumatra Bank as the party entitled to the guarantee.
Legal Protection of Ownership Certificate Holders of Land which is used as Collateral for Debt (Decision Study Number 293/Pdt /2018/PT.Mdn) Abrari Bahar Manik; Yamin Lubis; Mustamam Mustamam
LEGAL BRIEF Vol. 9 No. 2 (2020): Law Science and Field
Publisher : IHSA Institute

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Abstract

Legal protection for Underwriters who depend on promises contained in the Deed of Granting Mortgage. The formulation of the problem in this thesis is how the legal protection of certificate holders on land bound with mortgage rights, how to conduct roya for dependents who are bound with mortgage rights, how is the legal considerations of judges on Decision Number 293 / Pdt / 2018 / PT.Mdn against holders certificate. The research method used is descriptive analysis that leads to normative juridical research that is research conducted by referring to legal norms that is examining library materials or secondary materials. Secondary data by processing data from primary legal materials, secondary legal materials and tertiary legal materials. The results showed that the procedure for conducting roya on dependents bound to the mortgage is based on the Regulation of the Minister of Agrarian Affairs / Head of the National Land Agency No. 3 of 1997 as the implementation of PP No. 24 of 1997 concerning Land Registration, where roya can be carried out without prior agreement (APHT) and is not required to have the same size area between the lands that have been divided into several parts, even though the land has been bound by guarantee of Mortgage Rights and has been registered at the Land Office. Implementation of roya can be carried out on the repayment of debts guaranteed by the portion of land that has been broken up that is bound by guarantees of Mortgage. Judge's legal considerations regarding Decision Number 293 / Pdt / 2018 / PT.Mdn to the certificate holder is a certificate of power of attorney Number 29 dated June 13, 2015 made by Defendant-IV which is used as the basis for obtaining and or hanging rights from him which is used as long as The land along with the plaintiff's permanent home building are not enforceable with all its legal consequences so that all legal actions and documents that are born from acts against the Defendant-I to Defendant-V as well as other parties on the object of the land along with building the case house are conducted without the plaintiff's permission, is illegal.
Co-Authors Abdi Siregar Abdul Hakim Sori Muda Abrari Bahar Manik Adil Akhyar Agus Pratama Alfian Alfian Arham Arham Danial Syah Dedek Fakrizal Dedi Harianto Didi Iskandar Endro Prakoso Hamdani Ritonga Hamidi Ishaq Hendra Marlan Hudrah Dewiyana Ikhtiar Elfasri Gulo Jonatan Samosir Juni Hendrianto Krisman Napitupulu Krisno Krisno M Yamin Lubis M. Adhlie Kurnia Sirait M. Yamin Lubis Mahdinur Mahdinur Marlina Marlina, Marlina Marzuki Marzuki Miroharjo, Didik Misnan Misnan Moh. Basori Mohd Akbar Muhammad Adham Junior Muhammad Arif Sahlepi Mukidi, Mukidi Nelvetia Purba Nelvita Purba NURUL WAHYUNI Purba, Nelvitia Raden Juli Moertiono Rahmadi Siregar Rahmatin Triyunda Ramlan Yusuf Rangkuti Rika Devi Yanti Nasution Rosalina, Maria Sifeva Galasime Sinulingga Simon Purba Sunardi Sunardi Sutrisno Sutrisno Taufiq Wahyudi Yamin Lubis