Legal Protection For The Creditor Related To The Deed Of Unregistered Mortgage Rights

Adjie, Habib and Purbawisesa, Brian Polly (2018) Legal Protection For The Creditor Related To The Deed Of Unregistered Mortgage Rights. IOSR Journal Of Humanities And Social Science (IOSR-JHSS), 23 (1). pp. 43-46. ISSN 2279-0845

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Abstract

he result of this research concludes that the result of the research shows that the legal result of not registering the Deed of Mortgage Rights (APHT) to the credit agreement made by the parties before the Notary / Land Titles Registrar(PPAT) is the creditor having no priority position. Where the form of legal protection that can be given to Creditors as a form of anticipation is not registered APHT is by the signing of the deed of power sell at the time of the credit agreement. The creditor's right to the guaranteed item in the case of APHT is not registered ie not giving the right to each other over the other creditor. The purpose of the imposition of Mortgage right is in order to provide protection and legal certainty to all parties (especially Creditor) as well as to fulfill the principle of publicity. The grant of this right is intended to provide the preferred position to the creditor concerned (preferred creditors) other than the creditors. As collateral for repayment of Debtor's debt to the Creditor in connection with the loan/credit agreement concerned. Deposit Rights will not be born without the registration of APHT. But in practice, there is still some unscrupulous PPAT register APHT to the Land Office for various reasons.ofcourse, this will harm the creditors as a lender. Keywords -Legal Protection, Land Deed Officer, mortgage right, APHT. UUPA

Item Type:	Article
Subjects:	K Law > K Law (General)
Divisions:	Fakultas Hukum > Magister Kenotariatan
Depositing User:	Repository Administrator
Date Deposited:	26 Sep 2022 06:56
Last Modified:	26 Sep 2022 06:56
URI:	http://repository.narotama.ac.id/id/eprint/1315

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