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Keabsahan Pendaftaran Kapal sebagai Objek Jaminan Hipotek Lina Kamilah Tsani; Nynda Fatmawati O.
Dewantara : Jurnal Pendidikan Sosial Humaniora Vol. 3 No. 1 (2024): Maret : Dewantara : Jurnal Pendidikan Sosial Humaniora
Publisher : Universitas 45 Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30640/dewantara.v3i1.2227

Abstract

Mortgages with collateral as collateral for ships are one of the credit agreements that support business activities in the current era of globalization and free trade. Ship mortgages can of course also support business activities in Indonesia because it is an archipelagic country which, when distributing goods between one island and another, uses ship transportation facilities. However, in Indonesia there is no separate law that regulates mortgage guarantees, so legal protection for creditors is very lacking because the mortgage regulations in BW are in practice less relevant for the increasingly rapid development of the business world. In particular, legal protection regarding the execution of mortgage guarantees if the debtor defaults is deemed to be very lacking. Therefore, the Notary as an official authorized to make a mortgage deed must truly understand his duties in order to achieve justice and legal protection for the parties contained in the mortgage agreement deed.
Urgensi Perlindungan Hukum terhadap Pemenang Lelang Eksekusi yang Menjadi Korban Tuntutan Hukum Oleh Pihak Debitur Zuriyah Zuriyah; Nynda Fatmawati O.
Concept: Journal of Social Humanities and Education Vol. 3 No. 1 (2024): Maret: Concept: Journal of Social Humanities and Education
Publisher : Sekolah Tinggi Ilmu Administrasi Yappi Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/concept.v3i1.1063

Abstract

Auctions always end with a lawsuit by the Debtor. The basic of his lawsuit is always the classic reason that the Debtor still seeks to pay, that the auctioned object is of low value. This is the trigger for the lawsuit made by the Debtor. The minutes of the auction were not enough for the winner of the auction to stop the Debtor from challenging the verdict. This led to a dispute in court. As the winner of the auction of course it is a matter that is not easy, auction winner needs final legal certainly. The absence of a separate court for the auction lawsuit is a difficult thing for the parties to get a settlement quickly and effectively. Legal protection against the auction winner has been set pasal 6 (UUHT) and Pasal 4 Undang Undang Hak Tanggungan (UUHT) said “apabilah Debitur cidera janji, Pemenang Hak Tanggungan pertama mempunyai hak untuk menjual obyek Hak tanggungan atas kekuasaan sendiri melalui pelelangan umum serta mengambil pelunasan piutangnya dari hasil penjualan”. From the auction results of the execution of Pasal 6 UUHT, the auction official issued an excerpt of the auction minutes which served as an authentic deed of transfer of right. However, this legal protection still open up opportunities for debtors to sue.