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All Journal Hang Tuah Law Journal International Significance of Notary
Rochma, Ainur
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Law, Crime, Criminology & Criminal Justice

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In Order To Ensure The Right To A Building That Has Expired, The Cessie Recipient Must Provide Legal Notice In Light Of The Cessie Act. Rochma, Ainur
International Significance of Notary Vol 5, No 2 (2024): International Significance of Notary
Publisher : Universitas Islam Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.2020/ison.v5i2.25916

Abstract

Abstract : Execution of this credit could have obstacles. For example, a debtor commits a default that leads to credit clogging. However, banks or creditors have found a way to solve the credit crash. There are two (two) ways to solve a problem credit: saving credit and settling credit. One of the ways that banks are defeating credit blocks is through debt billing redirection, commonly called a cessie. A legal question arises regarding a cessation act made by a notary, namely that the guarantee applied to that act has expired. The question is: what are the legal consequences for the recipient of the cessie against the act of the cessie with the object of guaranteeing the right of possession of the certificate of right of use of the building that has expired its term, and how can legal action be taken by the reciprocator of the cessie against an act of cessie with the object of guaranteeing the right to possession of the building's right of usage that has expired its term. In writing this thesis, the researcher uses normative research methods. As for the results of the legal investigation of the cessioner against the cessie act with the object of the security of the right of use of the building that has expired its term, the act is still considered valid and the new creditor still acquires the right to the account but cannot be granted the right for the building to be secured by the new creditors and can not be registered such object of security to the land office due to the expiry of the time period of the rights of use such building as well as the legal effort that can be made by the recipient of the cessie against the act of cession with the objects of the guarantee of the Right of Use of the Building Certificate of Use which has exceeded its term is negotiated against the old creditor concerning the said act of cesie by asking the liability to the old creditors to renew or extend the time of the construction rights that have expended its term.
Legal Consequences of a Cessie Deed with a Guarantee Object Whose Term Has Expired Rochma, Ainur; Navisa, Fitria Dewi; Sunardi, Sunardi
Hang Tuah Law Journal VOLUME 9 ISSUE 1, APRIL 2025
Publisher : Fakultas Hukum Universitas Hang Tuah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/htlj.v9i1.278

Abstract

In the Indonesian legal system, cession is a transfer of rights to receivables or obligations made by a creditor to another party without the consent of the debtor. In practice, cession often involves collateral objects in the form of Mortgage Rights, such as Right to Cultivate Certificates (HGB). However, legal issues arise when the collateral object, namely HGB, has expired. In this case, the recipient of the cession needs to understand the legal consequences that arise in connection with the cession deed involving HGB whose validity period has expired. The purpose of this study is to analyze and explain the legal consequences for the recipient of the cession against the cession deed that includes collateral objects in the form of HGB whose validity period has expired. This study uses a normative legal research method. The results of the study on the legal consequences for the recipient of the cession against the cession deed with the collateral object of the building use rights certificate whose term has expired is that the deed is still considered valid and the new creditor still obtains the right to collect it, but the building use rights cannot be used as collateral by the new creditor and the collateral object cannot be registered with the land office because the term of the building use rights has expired and the legal efforts that can be taken by the recipient of the cession against the cession deed with the collateral object of the Right to Cultivate Certificate Mortgage whose term has expired are to negotiate with the old creditor regarding the cession deed by requesting accountability from the old creditor to renew or extend the term of the building use rights whose term has expired.
Co-Authors Fitria Dewi Navisa Sunardi Sunardi