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All Journal Proceedings Series on Social Sciences & Humanities Jurnal Penelitian Serambi Hukum
Wibowo, Fitri Mustikaning
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Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

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Perlindungan Hukum Bagi Pemenang Lelang Atas Objek Hak Tanggungan Berdasarkan Studi Putusan Nomor: 361/Pdt/2017/PT.SMG Wibowo, Fitri Mustikaning; Widodo, Selamat
JURNAL PENELITIAN SERAMBI HUKUM Vol 17 No 02 (2024): Jurnal Penelitian Serambi Hukum Vol 17 No 02 Tahun 2024
Publisher : Fakultas Hukum Universitas Islam Batik Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59582/sh.v17i02.1156

Abstract

Abstract Indonesia recognize two collateral institutions that can be used by the public, namely pawn and mortgage based on the Civil Code.The development of law in Indonesia then introduced two new collateral institutions, namely mortgage and fiduciary rights. Mortgage rights are security institutions that can be used on objects in the form of land rights. The practice of implementing the execution of the object of mortgage rights collateral that has become the right of the auction winner generally still experiences many obstacles. This research aims to find out and analyse the legal protection for the winner of the auction along with the arrangement of the execution of the auction object which is still controlled by the giver of the mortgage. This research is writtenusing the normative juridical method, namely using the law, and journals relevant to this research. This research describes the legal protection of auction winners who are in good faith over the object of mortgage rights, so that even though the object of mortgage rights is still controlled by the debtor or other parties, the auction winner can still control the auction object by fulfilling the auction requirements and procedures and submitting an application for execution correctly.
Legal Analysis of the Enforcement of Two Mortgage Rights on One Land Certificate as a Credit Collateral Object Wibowo, Fitri Mustikaning
Proceedings Series on Social Sciences & Humanities Vol. 14 (2023): Proceedings of International Conference on Legal Studies (ICOLAS 2023)
Publisher : UM Purwokerto Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/pssh.v14i.1062

Abstract

The Civil Code provides two collateral institutions that can be used by the community, namely pawn and mortgage. Along with the development of law in Indonesia, there are two new collateral institutions, namely mortgages and fiduciaries. The definition of mortgage rights according to Article 1 point 1 of Law Number 4 of 1996 concerning Mortgage Rights on Land and Objects Associated with Land is a security institution attached to the object in the form of land rights. In practice, one land object can be charged by more than one mortgage right. This research aims to find out and analyze the laws and regulations in Indonesia that regulate the encumbrance of more than one mortgage right on a land object and understand the technical auction of a land object encumbered by more than one mortgage right. This research is written using the normative juridical method through the Law and case approach with binding primary legal materials and secondary legal materials as references. The result of this research is legal certainty against debt repayment with land object collateral that has been encumbered by more than one mortgage.
Co-Authors Widodo, Selamat