Article Per Year (5 Year)
p-Index From 2021 - 2026
0.408
P-Index
This Author published in this journals
All Journal Reformasi Hukum Trisakti
Saskia Aulia Putri
Program Studi Ilmu Hukum, Fakultas Hukum, Universitas Trisakti, Jakarta, Indonesia
Law, Crime, Criminology & Criminal Justice

Published : 2 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 2 Documents
Search

 1 
PERLINDUNGAN HUKUM KREDITUR PEMEGANG HAK TANGGUNGAN YANG JAMINANNYA BATAL MENJADI MILIKNYA DEBITUR Saskia Aulia Putri; Irene Eka Sihombing
Reformasi Hukum Trisakti Vol. 4 No. 1 (2022): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (188.432 KB) | DOI: 10.25105/refor.v4i1.13429

Abstract

Legally, Mortgage Guarantee exists to safeguard both borrowers' and creditors' interests. If the debtor defaults, the mortgage acts as a guarantee for the creditor. However, it should be taken into consideration if the mortgage's disputed subject matter is canceled as a result of the transfer of land rights to the debtor. This study employs normative legal research techniques. Every legal document is qualitatively examined before conclusions are reached using deductive reasoning. The study's findings support the interpretation of Article 18 paragraph (4) of the Mortgage Law, which states that the cancellation of a mortgage due to the loss of land rights burdened by the mortgage does not result in the cancellation of the guaranteed debt. Regarding unlawful acts committed by the debtor, the creditor can file a lawsuit against the debtor based on Article 1365 of the Civil Code to the District Court.
PERLINDUNGAN HUKUM KREDITUR PEMEGANG HAK TANGGUNGAN YANG JAMINANNYA BATAL MENJADI MILIKNYA DEBITUR Saskia Aulia Putri; Irene Eka Sihombing
Reformasi Hukum Trisakti Vol 4 No 1 (2022): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v4i1.13429

Abstract

Legally, Mortgage Guarantee exists to safeguard both borrowers' and creditors' interests. If the debtor defaults, the mortgage acts as a guarantee for the creditor. However, it should be taken into consideration if the mortgage's disputed subject matter is canceled as a result of the transfer of land rights to the debtor. This study employs normative legal research techniques. Every legal document is qualitatively examined before conclusions are reached using deductive reasoning. The study's findings support the interpretation of Article 18 paragraph (4) of the Mortgage Law, which states that the cancellation of a mortgage due to the loss of land rights burdened by the mortgage does not result in the cancellation of the guaranteed debt. Regarding unlawful acts committed by the debtor, the creditor can file a lawsuit against the debtor based on Article 1365 of the Civil Code to the District Court.
Co-Authors Irene Eka Sihombing