Legal Spirit
Vol 3, No 1 (2019): Legal Spirit

PARATE EKSEKUSI PADA HAK TANGGUNGAN DALAM KAJIAN BIAYA SOSIAL (SOCIAL COSTS THEORY)

Dyah Anggraeni (Unknown)



Article Info

Publish Date
05 Jul 2020

Abstract

The research aims to determine the fulfillment of social costs theory when granting parate execution rights to the holders of the mortgage rights, and to determine the form of legal protection for the creditors of the holders of the mortgage rights. The formulation of the problem tested in the discussion, namely: does the granting of parate execution rights to the holders of the mortgage rights meet the theory of social costs ?, and what is the form of legal protection for the creditors of the mortgage holders ?. The research method used is normative research. This research results: 1) The right of execution parate to the holder of the mortgage rights meets the elements of Social Costs theory, this is because the creditor should have been given a right by the debtor to him for default, the debtor is responsible for a default that he did then the creditor was given the right parate execution of a guarantee, and 2) Legal protection of the debtor giving the right of dependents in the perspective of Law No. 8 of 1999 concerning consumer protection and protection of determining the value of guaranteed mortgage rights limit. The juridical reason for the resistance of the debtor granting the mortgageis based on the explanation in Article 6 of the UUHT, where the right to sell on his own strength is not intended ex lege but on the basis of an agreement first.Key words: Execution Parate, Mortgage Rights, Social Costs

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Journal Info

Abbrev

jhls

Publisher

Subject

Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

Description

Legal Spirit journal is managed by the Postgraduate Masters of Law, Universitas Widya Gama Malang. Legal Spirit Journal can be used as a reference in an effort to achieve the ideals of the rule of law that everyone dreams of in accordance with Pancasila and the 1945 Constitution. LEGAL SPIRIT ...