Jarot Widya Muliawan
Universitas Narotama Surabaya

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PERJANJIAN KREDIT KEPEMILIKAN RUMAH (KPR) BERDASARKAN HUKUM CESSIE Dendy Pratama Achmady; Jarot Widya Muliawan
Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Vol. 3 No. 2 (2023): Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance
Publisher : Gapenas Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53363/bureau.v3i2.315

Abstract

Home Ownership Loans (HOL) are usually held by banks. However, in practice mortgage problems often occur, one of which is bad credit. The solution that is often carried out by banks as creditors is to transfer the receivables (cessie) to the object of mortgage rights. This study uses normative research methods. This study discusses the home ownership credit agreement in transferring cessie receivables and the legal consequences of not granting a cessie to the debtor. The results of the analysis show that the process of transferring receivables by the first party to a third party in making a cessie deed, whether authentic or private, requires notification to the debtor or in writing to be approved and known by the debtor as described in Article 613 of the Civil Code and the legal consequences of the transfer receivables from old creditors to new creditors
KEDUDUKAN AKTA HIBAH DALAM PROGRAM PTSL TANPA AKTA PEJABAT PEMBUAT AKTA TANAH (PPAT) Hamzah Nurul Ichsan; Jarot Widya Muliawan
Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Vol. 3 No. 2 (2023): Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance
Publisher : Gapenas Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53363/bureau.v3i2.316

Abstract

Disputes regarding the transfer of land rights often occur, especially in places where the law is unclear. The general public usually thinks that land grants can be processed through the village head's office, which will ultimately issue a land grant certificate in accordance with the process required in the Complete and Systematic Land Registration (PTSL). The division of inheritance rights and land grants are two examples of legal actions aimed at transferring land rights. Therefore, the transfer of land rights arising from inheritance and grants must be done through the preparation of a deed made by and in front of the Land Deed Making Official, as explicitly explained in Article 37 paragraph (2) of Government Regulation Number 24 of 1997 concerning Land Registration. The transfer of land rights arising from the division of inheritance is still rarely carried out by the community using the correct deed, in accordance with Article 37 paragraph (2) of Government Regulation Number 24 of 1997 concerning Land Registration. Every transfer of land rights must be accompanied by a deed made by the Land Deed Making Official and submitted to him to be legally recognized. The Land Deed Making Official is obliged to carry out this important task