Omnibus Law Journal
Vol. 1 No. 1 (2021): June 2021

DISPUTE RESOLUTION OF DESTROYED MORTGAGE GUARANTEE (Case Study of Petobo Village, South Palu District, Palu City)

Maisa Maisa (Universitas Muhamamdiyah Palu)
Haerani Husaniy (Universitas Muhammadiyah Palu)



Article Info

Publish Date
06 Oct 2021

Abstract

This study aims to determine the legal status of the destroyed mortgage object and to determine the dispute over the destroyed mortgage object. The research method used in this paper is the empirical normative method and qualitative data analysis. The results of this study are when a liquefaction disaster causes the object of the mortgage to be destroyed, the debtor's responsibility ends when the object of the mortgage is destroyed as regulated in Law Number 5 of 1960 article 27 b, the Mortgage Law, the abolition of property rights if the land is destroyed. and Creditors in handling or providing solutions to disputes over the destruction of the object of mortgage guarantee, namely the granting of relaxation or delay by the State Savings Bank. Suggestion, It is better for the government as soon as possible to make a policy for the sake of legal stability again in order to create legal certainty related to the dispute. And the creditor should make a rule which relates to the settlement of disputes over collateral objects that were destroyed due to liquefaction after the previous relaxation policy so that in the future this can be a guide or reference by the parties concerned easily without any hesitation with the existence of legal certainty.

Copyrights © 2021






Journal Info

Abbrev

OLJ

Publisher

Subject

Humanities Law, Crime, Criminology & Criminal Justice

Description

Omnibus Law Journal (OLJ) is an accessible and openly processed legal journal affiliated with the Faculty of Law, Universitas Muhammadiyah Palu, published by Faculty Of Law Universitas Muhammadiyah Palu, The journal aims to become a medium for legal scholars and practitioners to contribute their ...