Article Per Year (5 Year)
p-Index From 2021 - 2026
0.23
P-Index
This Author published in this journals
All Journal Jurnal Indonesia Sosial Sains
Kan, James
Unknown Affiliation
Humanities Astronomy Biochemistry, Genetics & Molecular Biology Chemistry Computer Science & IT Decision Sciences, Operations Research & Management Earth & Planetary Sciences Economics, Econometrics & Finance Energy Environmental Science Immunology & microbiology Law, Crime, Criminology & Criminal Justice Library & Information Science Materials Science & Nanotechnology Neuroscience Physics Social Sciences

Published : 1 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 1 Documents
Search

 1 
Legal Certainty of Business use Rights Certificate (SHPTU) as Credit Collateral Due to Default Widjaja, Wilson Hartanto; Kan, James
Jurnal Indonesia Sosial Sains Vol. 6 No. 6 (2025): Jurnal Indonesia Sosial Sains
Publisher : CV. Publikasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59141/jiss.v6i6.1788

Abstract

SHPTU, credit collateral, default, fiduciary, cessie, legal certainty This study examines the legal certainty surrounding the use of the Business Use Rights Certificate (SHPTU) as credit collateral in cases of default. Although the Regional Regulation of DKI Jakarta Province Number 7 of 2018 states that SHPTU can be used as collateral, it does not explicitly define whether SHPTU constitutes a property right or a personal right. Using a normative-empirical legal research method, this study is based on primary data from interviews and secondary data from legislation and legal literature. The findings indicate that SHPTU closely resembles a leasehold right rather than ownership, and therefore, cannot be used as a collateral object under material security mechanisms such as fiduciary or mortgage. In the event of default, SHPTU cannot be executed directly. The resolution must involve mediation and assignment of receivables (cessie) through a power of attorney agreement. This study recommends the need for clearer regulation to ensure legal certainty and protection for creditors.
Co-Authors Widjaja, Wilson Hartanto