PERLINDUNGAN HUKUM KREDITUR PEMEGANG HAK TANGGUNGAN YANG JAMINANNYA BATAL MENJADI MILIKNYA DEBITUR

Saskia Aulia Putri (Program Studi Ilmu Hukum, Fakultas Hukum, Universitas Trisakti, Jakarta, Indonesia)
Irene Eka Sihombing (Program Studi Ilmu Hukum, Fakultas Hukum, Universitas Trisakti, Jakarta, Indonesia)

Reformasi Hukum Trisakti
Vol. 4 No. 1 (2022): Reformasi Hukum Trisakti

Legally, Mortgage Guarantee exists to safeguard both borrowers' and creditors' interests. If the debtor defaults, the mortgage acts as a guarantee for the creditor. However, it should be taken into consideration if the mortgage's disputed subject matter is canceled as a result of the transfer of land rights to the debtor. This study employs normative legal research techniques. Every legal document is qualitatively examined before conclusions are reached using deductive reasoning. The study's findings support the interpretation of Article 18 paragraph (4) of the Mortgage Law, which states that the cancellation of a mortgage due to the loss of land rights burdened by the mortgage does not result in the cancellation of the guaranteed debt. Regarding unlawful acts committed by the debtor, the creditor can file a lawsuit against the debtor based on Article 1365 of the Civil Code to the District Court.