Institusion
Universitas Pelita Harapan
Author
Iskandar, Fadhilah Maulana
Subject
K Law (General)
Datestamp
2021-09-13 09:02:09
Abstract :
The purpose of this research is to discover the regulation towards auction of
mortgage rights in civil and agrarian law in Indonesia. Also the validity of
imposition mortgage right which turns out to be a shared assets that have been
done without the approval of former wife. This research also evaluate judges
consideration in deciding the case regarding the auction of the land which become
the object of dispute in verdict number 222 K/Pdt/2017. This research uses
normative law with descriptive data approach. The data type that used in this
research is secondary data, a data that is not obtained directly from the field or
society but through literature study by reviewing a book, literature, journal and
internet data. The research approach that used in this thesis is an approach towards
law systematic, a research that done to a specific legislation or a registered law.
the data collection type that used is literature study, while the analysis technique
done by qualitative. the results from this research is that the law protection for
those object auction buyer, which object turns out to be a mortgage right of credit
agreements where the land that imposed by mortgage right are shared assets that
are executed afterwards. but when the imposition are not through an agreement
from former wife, which analyzed according to the law number 4 year 1996
(UUHT) aswell as the regulation ministry of finance no. 93/PMK.06/2010. where
the mortgage rights holder have the right to execute mortgage right based on their
own power, based on article 6 UUHT. There are many regulations that support the
auction buyers with good intention should be protected and the judges reasons for
prioritizing legal protection for auction buyers that will be discussed in this thesis.