Pena Justisia: Media Komunikasi dan Kajian Hukum
Vol. 24 No. 1 (2025): Pena Justisia

A Legal Review of The Principle of Legal Certainty in The Use of Certificates of Ownership As Collateral For Loans in Conventional Banking

Tia Pradipta Sasnindyah Ari (Universitas Islam Malang, Indonesia)
Diyan Isnaeni (Universitas Islam Malang, Indonesia)
Suratman (Universitas Islam Malang, Indonesia)
Febriana Nur Widyaningsih (Universitas Negeri Malang, Indonesia)



Article Info

Publish Date
30 Jun 2025

Abstract

This study aims to examine the principle of legal certainty, particularly as it relates to Certificates of Ownership (SHM) as collateral for loans in conventional banking. This study falls under the category of normative legal research and employs two main approaches: the conceptual approach and the statutory approach. The findings of this study indicate that the legal conception of the principle of legal certainty regarding SHM as credit collateral in conventional banking is robust and guaranteed through the integration of the land registration system, as mandated by the Land Law (UUPA), and the system of real property collateral, as mandated by the Law on Real Property (UUHT). In practice, the use of SHM as credit collateral often encounters various normative obstacles that have the potential to hinder the hierarchical application of the principle of legal certainty. The normative obstacles in question include: (1) inconsistencies between the UUHT No. 4 of 1996 and Government Regulation No. 24 of 1997; (2) regulatory inconsistencies regarding the droit de suite (right of follow-up) and the procedures for the transfer of rights; and (3) normative obstacles arising from the dualism of enforcement mechanisms under the UUHT versus the HIR/RBg in civil procedure law.

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Journal Info

Abbrev

hk

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Pena Justisia aims to provide a forum for lecturers and researchers to publish the original articles about Law Science. Focus of Pena Justisia is publishing the manuscript of outcome study, and conceptual ideas which specific in the sector of Law science. We are interested in topics which relate ...