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Journal articles on the topic 'Mortgage rights'
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1
Hassan, Amjad, and Ehab Asarwa. "The rights and options of the holder of the mortgaged officially: An analytical comparative study." Hebron University Research Journal (HURJ): B- (Humanities) 18, no. 2 (2023): 189–212. http://dx.doi.org/10.60138/18220237.
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Among the most important provisions in the official mortgage contract is the right of the mortgagee creditor to encumber the mortgaged property after the mortgage debt has not been paid as agreed. In this way, the law defends the inalienable right of the mortgagee creditor against all infringements. Mortgagee creditor rights may be impacted by legal relations between the debtor and others, so the legislator is keen on granting mortgagee creditors the right to track the mortgaged property wherever they may be. The legislator, however, balanced the rights of the possessor and mortgagee creditor by providing the possessor with rights and options through which he can defend his right of ownership of the mortgaged property, including the right to pay the mortgagee's creditors with all the defenses the mortgagor had against including, but not limited to, prescription payments, fulfillment payments, discharge payments, etc. His rights to a mortgaged property could be preserved through options such as repaying the debt, purifying the property, vacating it, or having the mortgagee commence enforcement proceedings.
2
Abdulrahman, Saka, and Abigail Juwah. "The Legal Threshold of Rights and Liabilities of the Mortgagor, Mortgagee, and Lessee of a Mortgage Property in Relation to the Validity of a Lease." International Journal of Law and Society 7, no. 4 (2024): 139–47. http://dx.doi.org/10.11648/j.ijls.20240704.11.
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The general position of the law is that, subject to the agreement of the parties to a mortgage transaction, both the mortgagor and mortgagee of a leased property have power to lease mortgaged property. The only condition that needs to be satisfied is that the party leasing must be in possession. While the rights and liabilities of the mortgagor and mortgagee in relation to the mortgage contract poses no problems, the various legislations on mortgage do not provide for the rights and liabilities of a lessee where the property, subject matter of a mortgage, is leased. It would seem that the lessee is subject to the terms of the contract between the mortgagor and mortgagee which he is not privy to. This situation may pose more challenges than is evident and recourse would be had frequently to equity. A threshold implies a boundary of a right. In the realm of property law, the Mortgagor, Mortgagee, Lessor, and Lessee have a multitude of individual rights. However, when these parties interact, not all of these rights are accommodated. Some are modified, and others are limited. The writer, in this paper, intends to conceptualize the interaction of leases in a mortgage transaction. The major jurisdiction explored is Nigeria, with a glimpse on how other jurisdictions comparatively handle similar transactions. This paper seeks to examine the limit of the rights and liabilities of a mortgagor, the mortgagee and lessee in relation to each other in the event of a valid lease of property subject to a mortgage with a view to proposing reforms in this important area of the law and property transaction.
3
Jin, Lulun, Yuyang Sun, and Younboo Joung. "A Study on the Realization Rules of Joint Mortgage Rights in China: Focusing on the Adjustment of the Parties' Interests." Wonkwang University Legal Research Institute 40, no. 4 (2024): 293–307. https://doi.org/10.22397/wlri.2024.40.4.293.
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The primary purpose of joint mortgage rights is to enhance the security and feasibility of the realization of creditor's rights through the collective guarantee of multiple mortgaged properties. In the field of civil law, the realization of joint mortgage rights must be based on respecting the autonomy of the parties involved, reasonably coordinating the interests of multiple parties, and ensuring the fair and effective realization of creditor's rights. Therefore, the free choice rights of the joint mortgagee should be reasonably restricted when realizing joint mortgage rights. When realizing joint mortgage rights, the creditor's right of choice should be reasonably limited to protect the legitimate interests of the debtor, the property guarantor, and the subsequent mortgagee. This restriction is reflected in two aspects: first, when the debtor provides the mortgaged property, the creditor's right of choice should be reasonably limited by the interests of the debtor; second, when the mortgaged property is provided by a third-party property guarantor, the creditor's right of choice should also take into account the legitimate interests of the property guarantor. In the process of realizing joint mortgage rights, it is necessary to determine the distribution share of the mortgaged property. The distribution share of the mortgaged property should match the actual value of the property, taking into account the nature of the creditor's rights and the agreement between the parties to ensure the fairness of the distribution. In the case of simultaneous and sequential distribution, the systems of subrogation for payment and subsequent mortgagee subrogation can be applied to adjust the interests. While respecting the creditor's free choice rights, the interests of the debtor, the property guarantor, and the subsequent mortgagee must also be considered. Through this balance, the joint mortgage system can play its due role, ensuring both the realization of the creditor's rights and the protection of the legitimate interests of all parties involved.
4
Aldehimi, Ali. "The Scope of Mortgagee’s Protection in the Contract of Mortgage of Movables Registered in the Saudi System." Journal of Umm Al-Qura University for Sharia'h Sciences and Islamic Studies, no. 95 (December 19, 2023): 213–29. http://dx.doi.org/10.54940/si36922078.
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The study investigates the protection of the mortgagee of movables, focusing on the absence of possession of the mortgaged item and its replacement with the publicizing of the mortgage contract through registration in the unified register of rights over movable property. Additionally, the study explores the regulations that have expanded the scope of registered mortgages on movables, encompassing a majority of them. It examines the system's role in providing necessary protection for the mortgagee, allowing the mortgagor to possess the mortgaged movable. This process begins with the registration of the mortgage contract, continues during the term phase, and concludes with implementation at maturity when the debtor breaches their obligation. Consequently, the study assesses the system's efficacy in protecting the mortgagee, dividing the research into two chapters based on the two periods of the mortgage. The first chapter concentrates on the systemic protection of the mortgagee before the maturity of the debt, while the second addresses the period after maturity. The research concludes with a set of important results and recommendations.
5
Mitić, Nikola, and Aleksandra Nikolova-Marković. "Mortgage legal relationship and rights of a mortgage creditor in case of decrease in the value of a pledgeed property." Megatrend revija 18, no. 4 (2021): 71–80. http://dx.doi.org/10.5937/megrev2104071m.
Full textAbstract:
The right of the mortgagee and the mortgage relationship as part of the content of the mortgage is a very interesting area for research and study. Within the research and studies in this area, there are a number of elements that need to be analyzed and appropriate conclusions drawn. We have covered the concept of mortgage, mortgage relationship, rights and obligations of the mortgagee and the debtor, as well as the right of the mortgagee in case of reduction of the value of the mortgage by the debtor, by his act, to jeopardize the interests of the mortgagee.
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Juzikienė, Renata. "Peculiarities of Enterprise Mortgage as a New Form of Commercial Charge." Baltic Journal of Law & Politics 11, no. 1 (2018): 85–107. http://dx.doi.org/10.2478/bjlp-2018-0004.
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Abstract Enterprise mortgage is a new form of commercial charge applicable in the law of Lithuania since 1 July 2012. An enterprise mortgage as set out in the national law is distinct by its object, i.e. that an enterprise mortgage allows charging an enterprise as a whole, as an immovable property item; by the debtor’s (grantor’s) right to use the mortgaged assets in the ordinary course of business by transferring them to third persons free from encumbrance; also by the opportunity for the enterprise mortgagee to enfroce his rights by special method of enforcement: the enterprise purchase and sale. As a result of its wide scope, embracing both the existing and future assets of the debtor, as well as due to the absolute priority granted to the mortgagee to get all proceeds from the sale of the charged property, enterprise mortgage affects not only the debtor but also other creditors of the debtor (grantor). The method of minimum regulation for enterprise mortgage chosen in the law leaves a number of open questions for practical and doctrinal development. The article presents an analysis of the content of object of enterprise mortgage, explores the impact of enterprise mortgage on the satisfaction of claims of other creditors of the debtor (grantor) both in enforcement and insolvency proceedings, the rationale behind absolute priority of the enterprise mortgagee, effectiveness of the enterprise purchase, and sale as a method of enforcement of enterprise mortgagee’s rights. The article also analyses the relevance and adequacy of the existing legal regulation.
7
Tešić, Nenad. "Whether the right of pursuit is constitutional property interest protectible against the state II part." Anali Pravnog fakulteta u Beogradu, no. 2/2018 (July 14, 2018): 89–105. http://dx.doi.org/10.51204/anali_pfub_18204a.
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The author, in this paper, is looking for Ariadne’s thread, which would help us to find the way through the legal labyrinth composed of justified reaction of the state in the war against organized crime, from one side and what is considered an appropriate protection of secured creditor’s subjective rights, from the other side. He points out that in resolving a dilemma, does the mortgagee have the right to enforce its debt against the Republic of Serbia (right of pursuit), in case if the extended confiscation of property (proceeds of crime) includes subject-matter of mortgage, the court should take into account does the mortgagee know or should know about criminal origins of encumbered assets. The court should evaluate a good faith of the mortgagee, bearing in mind all the circumstances of the case, especially: 1) The moment of a mortgage establishment, i.e. whether the registration of mortgage is prior in time to the initiation of a property freezing procedure; 2) Overall business and other relations between mortgagee and mortgagor, i.e. are these parties associated in any other way? 3) Objective changes in the economic position of mortgagee and mortgagor, i.e.is the security agreement true or simulated, in particular, whether the value of the secured claim actually enhanced the property of the mortgagor and at what consideration.
8
Denisenko, S. I., and O. M. Rubanets. "Some issues of legal regulation of real estate mortgages that children have the right to use." Legal horizons, no. 21 (2020): 31–36. http://dx.doi.org/10.21272/legalhorizons.2020.i21.p31.
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The article deals with topical issues of mortgage agreements, according to which the mortgage is transferred to the mortgage, the right of use of which are underage children, and the study of problematic issues of further recourse to such housing. As a result of resorting to a comprehensive interpretation of individual regulations and court decisions, the degree of legal uncertainty that coexists with such terminological term as “Housing for children to enjoy” has been investigated. The article contains a study of the norms of the law that ensure the realization of the child's right to use the mortgaged property, which in particular concludes that the legislator has identified sufficiently specific restrictions on the rights of parents to dispose of real estate (housing) to which they are entitled to use to the child. It is also noted that the permission of the guardianship authority is required not only if the child is the co-owner of the real estate, but also if there is only registration of the child in the accommodation. Attention is drawn to the fact that the very fact of registration of a child in residential real estate (when the child is not even a co-owner) already speaks of the need for obtaining the permission of the guardianship authority. After all, such actions (deeds) of parents, which by their essence limit the property rights of the child, can in no case be carried out without the permission of the guardianship and guardianship bodies. But if the guardianship authority has been granted permission to enter into a mortgage agreement, which provides for the mortgagee's right to satisfy his claims by selling the mortgage / acquisition of title to it, it means that such authority simultaneously consented to and alienate such property upon the occurrence of the property provided for in such transaction. According to the results of the study, deficiencies in the legislative regulation of the above issues were identified and the risks of violating a child's right to use mortgaged housing were identified. This made it possible to provide guidance on the practical avoidance of situations where a mortgage agreement was invalidated due to a violation of children's rights. At the same time, Ukrainian legislation, some scientific works of scientists were analyzed, which made it possible to speak about insufficient level of attention of scientists to such problems as protection of the rights of the borrower (mortgagee) and members of his family - minor children and, at the same time, introduction of responsibility of parents in the sphere. violation of the rights of the child.
9
Hadisantoso, Antonius Bernardus. "Perlindungan Hukum Kreditor Pemegang Hak Tanggungan Terhadap Obyek Hak Tanggungan Yang Diletakkan Sita Jaminan (Analisis Putusan Pengadilan Negeri Jakarta Timur Nomor 321/PDT.G/2012/PN.JAKTIM Dan Nomor 211/PDT.G/2014/PN.JAK.TIM)." SAPIENTIA ET VIRTUS 3, no. 2 (2018): 104–21. http://dx.doi.org/10.37477/sev.v3i2.180.
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The purpose of this study was to find out and analyze the legal protection of holders of liability rights to the placement of collateral seizures on objects of mortgages and legal remedies for holders of mortgage rights in the presence of collateral seizures on objects of mortgage rights. From the results of the study it is known: First, the UUHT has provided forms of legal protection for holders of mortgage rights, among others, giving a priority or prioritizing position (droit de preference); always follow objects that are guaranteed in the hands of whoever the object is (droit de suite); fulfill the principle of speciality and publicity so that it can bind third parties and provide legal certainty to interested parties; as well as easy and sure execution. So that it should be if the object of the dispute that has been burdened with mortgages should not be placed confiscated in order to ensure legal certainty in the implementation of the parate execution. Secondly, the Mortgage Rights Holder whose interests are harmed by the decision/determination of seizure guarantee can make a third party resistance (derdenverzet). The interests of creditor holders of mortgage rights are clearly disadvantaged due to the placement of seizure guarantees on the object of mortgage rights, because the holders of mortgage rights cannot carry out executions in the presence of seizure guarantees.
10
Povedyonkova, І. "Mortgage for Land Plots." Analytical and Comparative Jurisprudence, no. 5 (November 17, 2023): 247–52. http://dx.doi.org/10.24144/2788-6018.2023.05.43.
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The information discussed relates to the legal aspects of mortgaging land plots located in Ukraine. The joint ownership of land implies the division of the land plot into shares between co-owners. A land plot may be mortgaged with the consent of all coowners in accordance with the current legislation of Ukraine, namely the Civil Code of Ukraine, the Land Code of Ukraine, the Family Code of Ukraine, the Law of Ukraine "On Mortgage”, the Law of Ukraine "On Notaries”.
 The designated purpose of a land plot plays an important role in its use for intended purpose; if the land plot is used for another purpose, it is necessary to change the designated purpose based on the current legislation of Ukraine. Changing the designated purpose of a land plot can be a complicated process and requires good reasons. In particular, agricultural land plots may be pledged only by banks with a relevant license.
 According to the applicable laws of Ukraine, mortgagors are not restricted in their rights in connection with the signing of the mortgage agreement and have the right to use the land plot for its intended purpose, to construct houses, estates, buildings, etc. on the mortgaged land plot, unless otherwise provided for in the agreement. In the case of a mortgage of land plots with existing buildings, structures and plantations owned by third parties, their rights and obligations may be transferred to the mortgagee upon foreclosure on such land plot only in the event of failure to comply with the terms of the loan and mortgage agreement.
 When entering into a mortgage agreement, under the current legislation of Ukraine, the said agreement must be notarized. The documents required for the notarization of a mortgage agreement for a land plot include the location, composition and designated purpose of the plot, its value and title, etc.
 When reviewing this information, it is important to keep in mind that a mortgage on a land plot has its own specific restrictions and requirements based directly on the current legislation of Ukraine.
11
Alfatino, Ahmed, and Widhi Handoko. "Implementation of Application of Mortgage Rights Electronically." Sultan Agung Notary Law Review 3, no. 4 (2021): 1242. http://dx.doi.org/10.30659/sanlar.3.4.1242-1251.
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The purpose of this research is to find out and analyze the implementation of mortgage rights electronically in the conception of legal certainty. To find out and analyze the effectiveness of the implementation of mortgage rights electronically. The method used by the researcher is Juridical Empirical (sociolegal research) and the specifications in this study are descriptive analytical. Based on the results of the study that Implementation of Electronic Mortgage Implementation in the Conception of Legal Certainty is that the Granting of Mortgage shall be registered at the Land Office no later than 7 (seven) working days after the signing of the Deed of Granting of Mortgage. The obligation of PPAT to register the Deed of Granting Mortgage at the latest 7 days after being signed as mentioned above has not been running properly. In its implementation, it is still experiencing difficulties caused by the lack of socialization to Registrants regarding the application of the electronic system. The Effectiveness of the Implementation of Mortgages Electronically is that with the electronic-based policy, it is very effective and efficient for all related parties, namely the Community, PPAT, Banks, and the Government in the Mortgage Registration process.
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Sundah, Fadhilah, and Jawade Hafidz. "IMPLEMENTASI KEKUATAN EKSEKUTORIAL TERHADAP HAK TANGGUNGAN DALAM RANGKA PENYELESAIAN KREDIT MACET BERDASARKAN AKTA YANG TELAH DIBUAT OLEH NOTARIS." Jurnal Akta 4, no. 2 (2017): 289. http://dx.doi.org/10.30659/akta.v4i2.1799.
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The mortgage right is one of the guarantee institutions in Indonesia that is often used in the provision of credit agreements whose arrangements are regulated in Law No. 4 of 1996 on Mortgage Rights. Against a non-performing loan, the mortgage holds stronger executorial strength compared to other guarantees in general. Registration of mortgages can only be done by the Land Acquisition Authority (PPAT) who has the authority as mandated by law with the establishment of a Deed of Assignment Rights (APHT) and registered by the relevant official to the National Land Agency (BPN) with the terms and times that have been determined as well.The existence of a bad credit is also caused by the debtor who has bad faith in installing the credit and expected a self-know system to know the financial history of debtors to the bank more thoroughly in conducting credit analysis. Keywords: The power of ekskutorial, mortgage rights.
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Susilowati, Susilowati, and Gunarto Gunarto. "Legal Consequences Of Mortgage Right Imposition On Uncertified Land (Letter C) In Case The Grantor Is Passed Away." Jurnal Akta 5, no. 2 (2018): 427. http://dx.doi.org/10.30659/akta.v5i2.3098.
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The purpose of this study is to know the implementation of the uncertified land as mortgage right (Letter C) and how the effect occurs in case that the grantor is passed away. This research was done with normative juridical approach. Technique of collecting legal material used literature study, while technique of data analysis was done with descriptive qualitative. The author found that UUHT provides an opportunity for owners of uncertified land rights to pledge their land rights in mortgage rights. It is mentioned in Article 10 Paragraph (2) of UUHT stating that if the object of mortgage rights in the form of land rights arising from the conversion of old rights that have been eligible to be registered but the registration has not been done, the granting of the mortgage shall be conducted simultaneously with the application of the right to (Letter C). On the other hand, the mortgagee has died and left the heirs, then there are several ways of settlement made by the bank, namely: If the credit has matured, then the credit is covered by credit insurance. If the credit has matured and the credit insurance has expired, it will be billed up to his heirs by approaching the family by offering loan interest rate relief. It is expected that the government through the National Land Agency can organize the process of land certification in a relatively short time so that it can support the economic activities of the community.Keywords: Mortgage Right; Uncertified Land; The Grantor Is Passed Away
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Khalisha Nabila Winanti and Noor Saptanti. "Perlindungan Hukum terhadap Kreditur dalam Pelaksanaan Pendaftaran Hak Tanggungan secara Elektronik." Demokrasi: Jurnal Riset Ilmu Hukum, Sosial dan Politik 1, no. 2 (2024): 203–22. http://dx.doi.org/10.62383/demokrasi.v1i2.187.
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This research explains the procedure for implementing electronic mortgage registration and discusses legal protection for creditors in mortgage registration through SKMHT in the event of the principal's death. This normative legal research utilizes a prescriptive approach based on legislation, cases, and conceptual analysis Primary data sources include relevant laws and regulations related to mortgages, supplemented by interviews with Notaries and PPAT, as well as secondary legal materials such as books, legal research papers, and previous studies in the form of journals, theses, and dissertations related to the research. Data collection techniques are carried out through interviews, observations, and literature studies Meanwhile, the analysis technique used by the author is qualitative model. The research results indicate that electronic registration of Mortgage Rights is carried out by interested parties through the website https://mitra.atr.bpn.go.id. However, in practice, there are still shortcomings in electronic Mortgage Rights registration, particularly when it is registered using SKMHT (Power of Attorney to Burden Mortgage Rights), and then the certificate owner passes away, the registration of Mortgage Rights cannot be continued. The solution to this problem is to add an optional refinement formulation in the Electronic Mortgage Rights System that allows for the replacement of the Identity Card Number (NIK) of the grantor with the NIK of the recipient if the Mortgage Rights are registered first with a SKMHT.
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Rizalni Kurniawan, Aan, Faisal Santiago, and Evita Isretno Israhadi. "Legal Consequences of Bankruptcy for Creditors Holding Mortgage Rights and Execution Parate." Jurnal Indonesia Sosial Sains 4, no. 06 (2023): 509–15. http://dx.doi.org/10.59141/jiss.v4i06.817.
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The right of the separatist creditor as the holder of the mortgage right is clearly regulated by Law Number 4 of 1996 concerning Mortgage Rights on Land and Objects Related to Land (henceforth referred to as UUHT) Article 20 paragraph (1). In particular, the effect of bankruptcy on mortgage rights appears with the existence of Article 56 paragraph (1) UUK which states that the execution right of a separatist creditor holding mortgage rights against mortgage rights that are in the control of creditors is suspended for a maximum period of 90 days (stay period). The rights of the mortgage holder that have been protected by Article 20 paragraph (1) and Article 21 UUHT are no longer protected if the debtor is declared bankrupt because Article 56 paragraph (1) UUK (stay period) applies which suspends the execution of the mortgage holder for 90 days.
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Pavlova, I. YU, and U. S. Smirnova. "Certain Issues of the Practice of Applying the Rules on Mortgages under the Contract." Siberian Law Herald 2 (2021): 42–47. http://dx.doi.org/10.26516/2071-8136.2021.2.42.
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Some aspects of the application of norms in the field of mortgages by virtue of the contract are considered: the interpretation of paragraph 1 of Article 78 of the Federal Law «On Mortgage (Pledge of Real Estate)», the problem of eviction of citizens living with the mortgagor, the legal meaning of the purpose of the loan during foreclosure on property. The article analyzes the possibility of securing the debtor’s non-property obligations with a mortgage, the risks of the mortgagee when issuing a loan (credit) amount. It has been established that regulation of both targeted and non-targeted loans secured by the pledge of housing owned by citizens is of great importance. Thanks to the analysis of the current judicial practice, it was noted that at the moment the courts do not make the decision on the foreclosure of property dependent on the intended purpose of the loan (loan); however, exactly the purpose of the loan is taken into account by the court when deciding on the eviction of the mortgagor and the persons living with him. It has been established that at this stage in the development of civil law relations, the issue of protecting the rights of citizens, including minors, who risk losing their only habitable living quarters, arises.
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Murbarani, MM Thanisa Dita, I. Gusti Ayu Ketut Rachmi Handayani, and Yudho Taruno Muryanto. "Implementation of Electronic Limitation Right (HT-el) by Debtor According to the Regulation of the Minister of Agrarian Affairs and Spatial Plan or Head of National Land Agency Number 5 Year 2020 Concerning Liability Service Integrated by Electronic." IJRAEL: International Journal of Religion Education and Law 1, no. 2 (2022): 144–53. http://dx.doi.org/10.57235/ijrael.v1i2.141.
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Mortgage Rights are Guarantee Rights that can be imposed on land rights. Mortgage rights are used for binding collateral in the form of land with using the deed made by the Land Deed Making Official. Mortgage right Electronics, also known as HT- el , is the first electronic service that issued for interest and give convenience Public in meet the needs by applying for a loan from a financial institution namely banking. Roya is the deletion of mortgage rights in the book of land rights and the certificate. scribble Right Dependent which has end is something must. Problems arise when the implementation of the write-off of Mortgage The electronics that are done are not appropriate and the validity of the deletion of the Mortgage Electronic based on PMATR/KBPN No 5 years 2020
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Noor, Afif, and Bagas Heradhyaksa. "EXECUTION MECHANISM OF MORTGAGE RIGHTS USING EXECUTORIAL TITLE IN SHARIA BANKING IS WHOSE AUTHORITY?" Diponegoro Law Review 5, no. 2 (2020): 245–59. http://dx.doi.org/10.14710/dilrev.5.2.2020.245-259.
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Mortgage Right is a guaranteed right to land that is attached to the debt process. The authority to execute the guarantee of Liability on Sharia banks is an important matter to be discussed in the study of business law or commercial law as an effort to return loans that have been given by creditors (sharia banks) to debtors (customers) on financing problems or breach of contract. The Guarantee of Mortgage will not have meaning if the guarantee cannot be executed. The significance of this study is to know the mechanism of request for execution of guarantee of mortgage rights at a sharia bank after the decision of the Constitutional Court No. 93/PUU-X/2012. The research methodology used in this article is the research library. This article analyzes the laws related to the mechanism of execution of mortgage rights in sharia banks. Finally, this research found that the execution of mortgage righst in Islamic banks is the authority of the Religious Court. The mechanism for requesting the execution of a mortgage guarantee at a sharia bank is also the same as the mechanism for requesting mortgage rights at a district court.
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Rovi, Felix, and Diah Aju Wisnuwardhani. "Legal Force of Certificate of Mortgage Rights Issued Upon the Existence of the Element of Onbeschikking Bevoeg of the Mortgage Grantor Over the Object of Mortgage Rights." EAS Journal of Humanities and Cultural Studies 7, no. 01 (2025): 20–26. https://doi.org/10.36349/easjhcs.2025.v07i01.003.
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The lack of authority of a party that does not have the right to place a mortgage on a creditor, which in the future results in a dispute, whether criminal or civil, has different legal consequences. So, it is appropriate to know the legal strength of proof of the mortgage right certificate in terms of the registration system in Indonesia and the legal consequences of issuing mortgage rights, which occur based on the mortgagor's lack of authority over the object of the mortgage right. The research uses normative research methods with analytical descriptive analysis techniques. The Mortgage Rights Certificate (SHT) has strong evidentiary power if it meets three main aspects. First, the existence of cadastral data plots, namely data related to land conditions, such as location, area, and land boundaries, which are obtained from accurate measurements of land plots. Second, a public register should be created that records the names of land rights holders. The relevant agencies officially manage this general list and are a trusted source of information. Third, implementing a publication system that shows openness of information to the public allows other parties to know the status of land rights. In issuing an invalid mortgage right due to non-compliance with applicable legal provisions, a mortgage right can have no legal force if the party providing the mortgage right is not registered as the legal owner of the object in question. This will cause losses for the party who receives the mortgage right because they cannot rely on the mortgage right to execute the debt if the debtor does not fulfill his obligations. Non-compliance or violation of the authority and provisions governing legal validity can result in serious legal consequences, such as cancellation of mortgage rights, loss of rights to objects guaranteed, or even material losses for interested parties.
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Hera Widjayanti. "LEGAL PROTECTION OF CREDITORS RELATED TO COLLECTIVE RIGHTS ON LAND THAT HAVE NOT BEEN CERTIFIED AS A RESULT OF THE PROCESS OF REGISTRATION OF LAND RIGHTS HAS NOT BEEN COMPLETED." JILPR Journal Indonesia Law and Policy Review 4, no. 3 (2023): 174–80. http://dx.doi.org/10.56371/jirpl.v4i3.148.
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Legal protection for creditors regarding their existenceMortgage rights over land that have not been certified as a result of the process of registering land rights that have not been completed, and using normative juridical research types with statutory approaches and conceptual approaches. The results of this study conclude that the results of the research show that the legal consequences of the registration of land rights that have not been completed (hereinafter referred to as apht) to bank credit agreements made by the parties before a notary/official making land deeds (hereinafter referred to as ppat) is that the creditor does not have aa priority position . Where is the form of legal protection that can be given to creditors as a form of anticipation. The creditor's right to collateral in the event that the apht is not completed, that is, does not give precedence rights compared to other creditors. The purpose of imposing mortgage rights is to provide legal protection and certainty to all parties (especially creditors) and also to fulfill the principle of publicity. Article 1 paragraph (1) of the law on mortgages regulates provisions regarding the granting of mortgage rights from debtors to creditors in respect of debts secured by mortgage rights. The granting of this right is intended to give priority to the creditor concerned (preferred creditor) over other creditors. Thus the granting of a mortgage is a guarantee for repayment of the debtor's debt to the creditor in connection with the loan/credit agreement in question. Mortgage rights will not arise without APHT registration. The conclusion in this study is that legal protection is all kinds of activities carried out to provide a safe, comfortable and lawful environment. To guarantee legal certainty and defend the rights of creditors in granting credit, all efforts must be made in providing legal certainty and fair agreements between creditors and debtors such as preventive and repressive legal protection.
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Nastiti, Althea Salza, Madeleine Evania Darmawan, Deny Irawan, and Nurmalita Fajar Arifah. "Pembebanan Hak Tanggungan pada Hak Guna Bangunan diatas Hak Milik." AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam 5, no. 1 (2023): 363–72. http://dx.doi.org/10.37680/almanhaj.v5i1.2385.
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Debt guarantees attached to building use rights above property rights are prone to problems, especially if there is default or there has been no repayment but the building use rights have expired. Based on that, this study aims to analyze the imposition of Mortgage Rights on land with building use rights on property rights and explain the legal protection for creditors as the holder of Mortgage Rights. The type of research that will be used is normative research. In this study will use a statutory approach or statute approach. The data collection technique used was literature study with prescriptive analysis techniques. The results of this study indicate that building use rights over property rights can be charged with mortgage rights. The creditor as the party holding the Mortgage must apply the precautionary principle in the event of default by the debtor. As for the legal protection that can be applied to the imposition of Mortgage Rights on building use rights over property rights through the Deed of Granting Mortgage Rights. This is to accommodate if the process of carrying out the Mortgage auction takes a long time, so that it will affect the term of the right to use the building over the right of ownership. Creditors are also given the authority to renew building use rights over property rights as one of the efforts to prevent the erasure of building use rights over said property rights.
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Vujović, Dragana. "ODSTUPANJA OD NAČELA AKCESORNOSTI HIPOTEKE U PRESTANKU." Glasnik prava 15, no. 1 (2024): 49–60. http://dx.doi.org/10.46793/gp.1501.49v.
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In this paper, author analyzes legal institutes (disposal of unwritten mortgages, priority order notation, new mortgage prenotation) that deviate from the principle of accessibility to the termination of the mortgage. In accordance with the regulations of the Mortgage Law, the owner of a real estate has the right to transfer the mortgage that was not erased from the real estate registry to the registered amount to a new or the same mortgage creditor for the purpose of securing other claims, with the evidence that the claim has ceased. The paper is specifically focused on the limitation of the autonomy of will of the owner of real estate in case of exercising the rights to the disposal of the unwritten mortgage, as well as the right on the reservation of the priority order for the new mortgage. Autonomy of will in case of institute of the disposal of mortgage that was not erased is not only limited by the principle of officiality which is defined by the Law on the Registration Procedure with the Cadaster of Real Estate, but also the practical application of this institute.
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Yunimar, Yunimar. "Implementation Of Development And Registration And Elimination Acceptances Of Rights Based On Law Number 4 Year 1996 Regarding Rights Of Responsibility." Jurnal Ilmiah Langue and Parole 1, no. 1 (2017): 228–37. http://dx.doi.org/10.36057/jilp.v1i1.24.
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Mortgage right are the security rights imposed on land rights. On April 9, 1996, Law Number 4 of 1996 was enacted on the Land and Property Rights related to the land, or more briefly referred to as UUHT (Law on Mortgage Rights). UUHT seeks to provide legal certainty and protection to all parties in utilizing the land as an object of Mortgage Rights.
 
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Qomaruddin, Ahmad Rizal, Bambang Tri Bawono, Widayati Widayati, and Denny Suwondo. "Implementation Analysis of Changes in Building Use Rights for Residential Houses Encumbered with Mortgage into Ownership." Sultan Agung Notary Law Review 4, no. 1 (2022): 136. http://dx.doi.org/10.30659/sanlar.4.1.136-147.
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This study aims to analyze: 1) The implementation of the change in Building Use Rights on land for residential houses to become Ownership Rights that are encumbered with Mortgage Rights. 2) The legal consequences of changing the Right to Build on land for residential homes into Ownership Right which is encumbered with Mortgage Rights. This study uses an empirical juridical approach, namely an approach by reviewing the laws and regulations relating to the issues to be discussed, and also a field approach to obtain information as supporting material. The specification of this research is descriptive analytical, which describes the applicable laws and regulations associated with legal theories and practices of implementing positive law regarding these problems. Based on the results of the study obtained the results: 1) The implementation of the change of building use rights on land for residential houses into ownership rights that are encumbered with mortgage rights, namely starting from the Applicant must first obtain written permission from the Bank holding mortgage rights, that there will be changes to rights, namely building use rights will be upgraded to property rights. After receiving from the bank, the applicant or his proxies submits a request to change the Right to Build on the land for a residential house that is being encumbered with a Mortgage into a Property Right at the Land Office of Semarang City by bringing all the requirements, after verification, the application file is forwarded to the data processing officer, the abolition of the Building Use Right and the abolition of the Mortgage Right concerned in the land book and certificate as well as other general registers as well as recording the Ownership Rights on the land of the former Building Use Rights by mentioning the decision on which the ownership rights were based. 2) The legal consequence of changing the Right to Build on land for residential homes into Ownership Right which is encumbered with Mortgage Rights is the nullification of the right to use the building to become property rights. However, the abolition of the right to use the building does not result in the abolition of the guaranteed debt. This is in accordance with the nature of the agreement for granting Mortgage, namely as a complementary agreement (accessoir), Article 10 paragraph (1) UUHT.
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Fauzi, Fahrul. "Review the Legal Subject Status of Buyers in Underhand Sales of Mortgage Objects." Jurnal Hukum Prasada 10, no. 2 (2023): 86–92. http://dx.doi.org/10.22225/jhp.10.2.2023.86-92.
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The Mortgage Law regulates three types of execution of mortgage rights, namely Title Executorial, Parate Execution, and Underhand Execution. In the underhand execution, it is important to pay attention to the buyer's legal subject of the mortgage's object. This article examines the buyer's legal subject of the mortgage's object in underhand sales in the framework of the execution of the mortgage. The buyer's legal subject is important, considering that the national land law stipulates that the status of the land determines the status of the subject who can own it. This study uses normative juridical research methods using sources of legislation and other secondary legal materials. This study found that the underhand execution of the mortgage object must be carried out by considering the legal conditions of buying and selling land, both material and formal. Material requirements in the form of the importance of the legal subject status of a land buyer are essential things that need attention. If the material requirements are not met, the sale and purchase are null and void by law. The legal subject status of the buyer of the mortgage object must see the provisions in the Basic Agrarian Law or its derivative provisions to ensure that he has the right to hold land with the status of the rights in question.
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Noor, Aslan, Dewi Anita, Anandya Tasya Wijaya, and Ratna Sari Putri Adiwijaya. "Registration of Mortgage Rights that Exceed the Time Limit at the Agrarian and Spatial Planning Office/National Land Agency Based on Law Number 4 of 1996 in Tasikmalaya City." Journal of Law, Politic and Humanities 4, no. 6 (2024): 1872–84. https://doi.org/10.38035/jlph.v4i6.616.
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Mortgage is defined as a security right imposed on land rights. On 19 April 1996, Law Number 4 of 1996 on Mortgage Rights over land and objects related to land (UUHT) was enacted. This system is regulated in PMATR/KBPN Number 5 of 2020 concerning electronically integrated Mortgage Rights Services, which aims to provide certainty and legal protection in utilising land as an object of Mortgage Rights. This research examines how the registration of Mortgage Rights that exceeds the time limit at the ATR / BPN Office based on UUHT Number 4 of 1996 in Tasikmalaya City and what are the legal consequences if the registration of the Deed of Granting Mortgage (APHT) exceeds the time limit at the Agrarian and Spatial Planning Office / National Land Agency.The research method used is Empirical Juridical, with data sources from the ATR / BPN Office of Tasikmalaya City, PPAT, and Mortgage Rights Applicants in Tasikmalaya City. The data collection technique uses primary and secondary data. The results show that the process of encumbering Mortgage Rights in Tasikmalaya City often exceeds the time limit of 7 working days stipulated by UUHT article 13 paragraph (2), with an average delay of 0.28% during January to July 2024. The legal consequences are administrative sanctions in the form of verbal warnings. This delay does not cause the cancellation of Mortgage Rights, but the law cannot provide optimal protection to creditors according to the purpose of the certificate of mortgage rights.
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Rianto, Fera Puspita, Toto Tohir Suriaatmadja, and Lina Jamilah. "Implementation of Mortgage Rights on the Position of Creditors of Second Mortgage Holders in the Application for Auction Submission." Journal La Sociale 5, no. 4 (2024): 1072–81. http://dx.doi.org/10.37899/journal-la-sociale.v5i4.1241.
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The binding of credit collateral with mortgage rights can be bound by several creditors with more than one mortgage. If the debtor is in default, only the creditor holding the first rank of mortgage rights can submit the auction, as stated in Law Number 4 of 1996 concerning Mortgage Rights. At the time of the debtor's default, the binding of the first-ranked mortgage has been released by the creditor of the first mortgage holder, the second mortgage holder applies for a mortgage auction and is rejected based on the law. The purpose of this research is to find regulations that provide justice to creditors of second lien holders. Implementation based on the principle of justice to the position of the creditor of the second lien holder in the application for submission of the auction. The research method used in this research uses a normative juridical approach, descriptive analysis and prescriptive analysis specifications with secondary and primary data types, data collection through interviews and qualitative juridical analysis methods, comparative heurmeneutic data that interpret and understand the intent of the regulatory text. The results of this study, as well as updates to previous research, the application of the Mortgage Rights regulation has not been based on the principle of justice, based on the value of justice, it should be that if the debtor is in default, the holder of the mortgage right has the right to sell the object of the mortgage right on its own power through a public auction with the first mortgage right holder having the first right to take repayment of its debt from the proceeds of the sale.
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Daulay, Ade Liniarty, M. Citra Ramadhan, and Isnaini Isnaini. "Analisis Yuridis Dampak Pasca Pandemi Covid-19 Terhadap Lelang Eksekusi Hak Tanggungan Dari Perbankan Pada KPKNL Medan." Journal of Education, Humaniora and Social Sciences (JEHSS) 5, no. 4 (2023): 2982–92. http://dx.doi.org/10.34007/jehss.v5i4.1727.
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The purpose of this writing is to analyze the auction mechanism for executing mortgages from banks, the role of the KPKNL in carrying out the execution of mortgages and the obstacles faced by the KPKNL in carrying out the auction. The research method used is normative juridical. The research data comes from secondary data which comes from primary legal materials, secondary legal materials and tertiary legal materials which are then analyzed qualitatively. The results of the first study, that the execution auction of mortgage rights is carried out by creditors by submitting an application for execution of mortgage rights to the head of the local District Court where the collateral object is located. If the Debtor does not fulfill his obligations for a maximum of 8 (eight) days both for repayment and discharge or if he is summoned properly, cannot appear, then the chairman of the court by his position gives an order by letter, to confiscate the object of collateral right to be sold through auction general for payment. Second, the role of the KPKNL, as a government agency in executing the Mortgage Auction, as a supervisor so that auction items are not misused, as a selection agency for Mortgage auction participants, as a guard for the stability of Mortgage auction implementation, as an intermediary between buyers and sellers of auctioned goods. Third, in the implementation of the auction, some of the obstacles faced by the State Property and Auction Service Office are internal constraints and external constraints.
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Melina, Dian. "Role of Land Asset Officers on The Installation of Certificate Liability Rights Who Died." Jurnal Akta 7, no. 4 (2020): 359. http://dx.doi.org/10.30659/akta.v7i4.12890.
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Mortgage is a security right that is imposed on land rights as referred to in Act No. 5 of 1960 concerning Basic Agrarian Principles, along with other objects which are an integral part of the land, for the settlement of certain debts, which provide positions that give priority to certain creditors over other creditors. There are still those who use the name of a certificate of ownership right who has passed away for the installation of mortgage. The purpose of this research is to find out the role of land deed maker officials in the installation of mortgages with the name of a certificate of ownership that has passed away, which is carried out by the process of Inheritance to Inheritance Based on Justice. Problems is the process of inheriting inheritance to an inheritance based on justice, and how to overcome the problem of the role of land deed-making officials in the installation of mortgage rights under the name of a certificate of ownership that has passed away, which is carried out by the process of Inheritance to Justice-based Inheritance. This study uses a normative juridical approach, in data collection it is more emphasized on the decomposition and interpretation of data related to legal principles. The results are; The Role of Land Deed Making Officials in the Installation of Mortgage Rights with the Name of Ownership Certificates that have Died, which is carried out by the Inheritance process to Inheritance Based on Justice.
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Chariss Wong, Shervira, Nicholas Teo Pan, and Lucky Fernandez. "Tinjauan Yuridis atas Hak Tanggungan yang dilaksanakan secara Elektronik." El-Faqih : Jurnal Pemikiran dan Hukum Islam 9, no. 2 (2023): 199–217. http://dx.doi.org/10.58401/faqih.v9i2.986.
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Mortgage rights are collateral rights that encumber a land right to pay off certain debts, since the promulgation and enactment of Ministerial Regulation of ATR/Head of BPN No. 5 of 2020 concerning Electronically Integrated Mortgage Services. Mortgage services are carried out through a system called the HT-el system, where the HT-el system can speed up and simplify the implementation of the Mortgage. This article aims to add insight and provide information on how to arrange Mortgage, namely Electronic Mortgage which is carried out through the HT-el System. This article uses the Normative Juridical Research Method. The results show that the implementation practice of the Mortgage Rights has been implemented properly and evenly, is more effective than its predecessors and only encounters obstacles in the telecommunications network.
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Anand R. "Redemption Under Mortgage." Asian Journal of Multidisciplinary Research & Review 03, no. 06 (2022): 169–84. http://dx.doi.org/10.55662/ajmrr.2022.3602.
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The mortgaged property is used as security for the loan payment. After the due date for the Mortgagee’s Money’s Repayment has elapsed, the mortgagor is entitled to receive his property back upon payment of the principal plus interest. This right of the mortgagor is known as the Right of Redemption. The right cannot be restricted by any terms that bar redemption. Any agreement to the contrary cannot govern the right. This right is mentioned u/s 60 of the Transfer of Property Act, 1882. The word ‘Redeem’ means buy back. Here, in this context it refers to buy back the property which was mortgaged earlier by the mortgagor to the mortgagee. This right to redeem or in other words, right to discharge the debt u/s 60 generally accrues only after the completion of the mortgage period mentioned as per the terms of the contract. The limit for the maximum period of the completion of mortgage contract is not mentioned under any law in India but however in England, it is 40 years[i]. When the prerequisites for a retransfer are met, a mortgagor who is entitled to redemption may request that the mortgagee either retransfer the property to him or, in lieu of doing so, assign the mortgage obligation and transfer the mortgaged property to a third party that the mortgagor may specify.
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Lubis, Citizen Amanamora, and Dyah Setyorini. "PROTES PIHAK KETIGA KEPADA KREDITUR PEMEGANG HAK TANGGUNGAN ATAS OBJEK HAK TANGGUNGAN (STUDI PUTUSAN NO. 58/Pdt.G/2019/PN.BTL)." Jurnal Hukum Nawasena Agraria 2, no. 2 (2025): 12–25. https://doi.org/10.25105/jhna.v2i2.22617.
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The imposition of mortgage rights must fulfill two stages if it is to be said to be valid. The problem formulation of this research is whether the imposition of mortgage rights in Decision Number 58/Pdt.G/2019/PN.BTL is a valid legal act. The type of research in this research is normative research type which is descriptive in nature. Secondary data used in this research was obtained from literature studies which were analyzed using qualitative methods. Drawing conclusions in this research uses an inductive method. Conclusion, because the sale and purchase carried out by Mardi Raharjo and Bambang Samiono has fulfilled the formal requirements, material requirements for the sale and purchase of land, and Article 1320 of the Civil Code, Bambang Samiono is the new holder of land rights and has the right to carry out any legal action, including making debt security with mortgage rights. The imposition of Mortgage Rights on a plot of land with Ownership Rights Number: 2239/Tamantirto Village has been carried out in accordance with the stages in the imposition of Mortgage Rights, namely the granting stage and the registration stage, as evidenced by the issuance of Mortgage Rights Certificate No. 259. So it can be concluded that the imposition of Mortgage Rights in Decision Number 58/Pdt.G/2019/PN.BTL is a valid legal act.
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Arifardhani, Yoyo, Jum Anggriani, and Silvia Dantyana. "Legal Protection for Creditors Due to Problem Credit with Collateral Rights Guarantee." Jurnal Smart Hukum (JSH) 3, no. 2 (2024): 118–36. http://dx.doi.org/10.55299/jsh.v3i2.1087.
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Legal consequences of the implementation of the Power of Attorney to Charge Mortgage Rights in the implementation of the Sale and Purchase Agreement by a Notary based on the main agreement, namely the Credit Agreement in Banking which is not followed by the making of a Deed of Granting Mortgage Rights and analyzing legal protection for creditors in credit agreements with the execution of mortgage guarantees if the debtor is in default for settlement due to problematic credit. Based on Article 8 of Law No. 10 of 1998 concerning Amendments to Law No. 7 of 1992 concerning Banking in providing credit, banks apply the principle of "5C" which is mainly to see the customer's ability to accept the credit applied for. If the debtor defaults so that problematic credit occurs, then they can file for the execution of the Mortgage Guarantee if the collateral is in the form of land or buildings for the implementation of the SKMHT along with the APHT by a Notary. The purpose of this study was to determine the regulations for debtors who are in default in credit agreements with the imposition of Mortgage Rights and legal protection for creditors in the event that the debtor is in default. By using normative-empirical research methods, data collection techniques in the form of primary data by interviewing informants as informants and secondary data in the form of documents related to the problems studied to obtain conclusions if the debtor defaults in a credit agreement with the imposition of Mortgage Rights, based on the regulations of Law No. 4 of 1996 concerning Mortgage Rights, it states that the imposition is carried out by making a credit agreement first, then the imposition of mortgage rights and registration of the Deed of Granting Mortgage Rights with a predetermined time limit. So that there is legal protection for creditors so that the debtor's debt repayment can be carried out in accordance with the provisions of the Mortgage Law concerning the creditor's right to sell the object of the mortgage right
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Anggraeni, Lisa, Yunanto Yunanto, and Novira Maharani Sukma. "TINJAUAN PELAKSANAAN ROYA PARTIAL TERHADAP OBJEK HAK TANGGUNGAN." NOTARIUS 13, no. 2 (2020): 569–84. http://dx.doi.org/10.14710/nts.v13i2.31077.
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The mortgage right giver who has paid off his obligations to the mortgage right holder, then cancels the mortgage rights on the object of the mortgage right that is charged. Article 22 paragraph (1) of the Underwriting Right Act "after the mortgage has been written off, the land office has crossed out notes on land rights and certificates". While one of the characteristics inherent in mortgage rights is that the mortgage rights charged cannot be shared, but this provision can be distorted in Article 2 paragraph (2) of the Mortgage Rights Act and implementing regulations issued, namely Regulation of the Minister of Agrarian Number 3 of 1997 which raises the existence of partial roya, which can be done with partial abolition, but the two regulations have differences between one regulation and the other this will certainly lead to legal disputes if there is no general perception about the implementation of partial roya which can ultimately harm the debtor. The purpose of this study is to describe and analyze the partial roya implementation based on the Mortgage Rights Act, Law Number 4 of 1996 and Minister of Agrarian Regulation Number 3 of 1997. Keywords : mortgage rights; partial roya Abstrak Pemberi hak tanggungan yang telah melunasi kewajibannya kepada pemegang hak tanggungan, maka hapuslah hak tanggungan atas obyek hak tanggungan yang dibebankan. Dalam Pasal 22 ayat (1) UUHT menyebutkan " setelah hak tanggungan hapus, kantor pertanahan mencoret catatan hak atas tanah dan sertipikatnya”. Sementara salah satu sifat yang melekat dalam hak tanggungan yaitu hak tanggungan yang dibebankan tidak dapat dibagi-bagi, tapi ketentuan tersebut dapat disimpangi dalam Pasal Pasal 2 ayat (2) UUHT serta dikeluarkan peraturan pelaksananya yakni Peraturan Menteri Negara Agraria Nomor 3 Tahun 1997 yang memunculkan adanya roya partial yaitu dapat dilakukannya pencoretan oleh sebagian hutang tetapi kedua peraturan tersebut terdapat ketidaksesuaian antara peraturan yang satu dan yang lainnya hal ini tentu menimbulkan adanya sengketa hukum apabila tidak adanya persamaan persepsi mengenai pelaksanaan roya parsial yang pada akhirnya dapat merugikan pihak debitur. Adapun tujuan dilakukannya penelitian ini adalah untuk mendeskripsikan dan menganalisis pelaksanaan roya partial berdasarkan UUHT Nomor 4 Tahun 1996 dan Peraturan Menteri Negara Agraria Nomor 3 Tahun 1997. Kata kunci : hak tanggungan; roya partial
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S., Roy Hendrayanto, and Rokhim Abdul. "REFUSAL OF THE INHERITED TO THE TRANSFER OF INHERITANCE RIGHTS TO LAND CHARGED WITH GUARANTEE RIGHTS." GPH-International Journal of Social Science and Humanities Research 06, no. 04 (2023): 80–86. https://doi.org/10.5281/zenodo.7923565.
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The study aims to understand the juridical review of the transfer of inheritance rights to a land burdened with mortgage rights and the legal consequences of the heir's refusal to transfer inheritance rights to a land burdened with mortgage rights. This study is normative legal research (juridical) or literature law research. The results of the study show that : (1) the procedure for the transfer of rights over inherited Land which is being burdened with mortgage rights is carried out by recording them in the land book and certificate of mortgage rights in question and the land book and certificate of rights burdened based on a letter of evidence of the transfer of receivables guaranteed due to Inheritance, and (2) The legal consequences if the heirs reject the Inheritance of land rights that are being burdened with mortgage rights, namely that the heirs who expressly declare their rejection of their inheritance rights result in the heir being deemed to have never existed. The heirs' rejection of the Inheritance of land rights under the imposition of Mortgage does not result in the encumbrance of the Mortgage being annulled and rejecting Inheritance just because they don't want to pay off the Inheritance that is being burdened with mortgage rights.
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Nurnaningsih, Serly, and Amin Purnawan. "Protection Analysis Of Third Parties Of Principles Droit De Suite In Execution Of Rights Liability." Jurnal Akta 6, no. 2 (2019): 383. http://dx.doi.org/10.30659/akta.v6i2.5092.
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This study discusses the protection of third parties from the principle of droit de suite in the execution of Mortgage Rights, problems faced in the protection of third parties from the principle of droit de suite in the execution of Mortgage Rights and the solution.Protection of third parties from the principle of droit de suite in the execution of Underwriting Rights, among others, registration of Underwriting Rights to fulfill the principle of publication, announcement of auction sales in execution of Underwriting Rights and prohibition of auction of third party property. The problems faced in the protection of third parties from the principle of droit de suite in the execution of Mortgage Rights, namely protection of third parties is not direct protection because third parties are not parties to the Underwriting Rights Agreement or do not have a direct legal relationship with the Mortgage Agreement To overcome this, it can be done by involving third parties related to the Underwriting Right object in the Underwriting Agreement.Keywords: Protection; Execution; Mortgage Rights; Third Party.
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Lindberg, Per T. "DEFEND MY CASTLE: IS THE UK IN VIOLATION OF ARTICLE 8 OF THE EUROPEAN CONVENTION OF HUMAN RIGHTS?" Denning Law Journal 22, no. 1 (2012): 1–34. http://dx.doi.org/10.5750/dlj.v22i1.352.
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Since the 1990s approximately 700 000 properties have been repossessed in the UK by mortgagees. While encouraging its citizens to access mortgage finance, the UK government has failed to provide corresponding legal protection and an effective regulatory framework to curtail unscrupulous lenders. What, if any, is the UK government’s responsibility in protecting its mortgagors from losing their homes? By utilising the relatively newfound doctrine of positive obligations, this article elaborates on the extent to which the UK may be held accountable under Art 8 of the European Convention of Human Rights. By rebutting the relevance of the private and contractual nature of the mortgage relationship, arguing for the ability to enforce socio-economic rights and upgrading the concept of home in legal discourse, this article contends that the UK is in breach of Art 8 of the ECHR. This contention is a crucial step towards reformulating states’ role and responsibility under the ECHR and, if elaborated on by the judiciary, will potentially prompt political action to reform the law of mortgages in the UK.
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Putera, Alvin Rachman, Yuslim Yuslim, and Hengki Andora. "Standing of Mortgage Rights on Cultivation Rights That Have Been Determined as Deflanded Land in Solok District." International Journal of Multicultural and Multireligious Understanding 8, no. 4 (2021): 695. http://dx.doi.org/10.18415/ijmmu.v8i4.2614.
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Cultivation Right are rights to exploit land which is directly controlled by the state for agricultural, fishery or livestock companies for a period of time. One of the reasons for the removal of the cultivation right was because it was neglected. cultivation rights is one of the land rights that can be used as collateral for debt and encumbered with mortgage rights. The write-off of the mortgage rights because the write-off of land rights that are encumbered with a security right does not cause the guaranteed debt to be written off. In practice, the abolition of the cultivation right which is being subject to mortgage rights due to a decision to determine abandoned land creates confusion regarding the repayment of debts between the debtor (PT. Karatau Limo Sajati) and the creditor (PT. Bank Rakyat Indonesia Tbk.) And the difficulty of utilizing the former cultivation right object which is has been designated as abandoned land. The problems in this research are 1) how is the process of controlling cultivation right as an object of abandoned land in Solok Regency ? 2) what is the position of the mortgage rights above the cutivation rights which has been designated as abandoned land in Solok Regency ? 3) how is the utilization of the ex-cultivation rights land on which a mortgage has been imposed after it has been designated as abandoned land in Solok Regency ? The approach method used is juridical empirical, the nature of the research is descriptive analytical, the research data used is in the form of primary data, namely through interviews with sources and literature study to obtain secondary data. The data is processed systematically and analytically. The results showed that 1) the control process of PT. Karatau Limo Sajati as an abandoned land object which is carried out by means of inventory, identification and research, warnings, the proposal to determine abandoned land and the determination of abandoned land can actually be canceled through a lawsuit to the PTUN based on the weaknesses in the warning process. 2) the position of the mortgage over the cultivation rights which has been designated as abandoned land has been abolished, but the abolition of the mortgage because the termination of the land title does not cause the guaranteed debt to be canceled and subsequently the debtor's debt repayment is regulated in Articles 1131 and 1132 of the KUH Perdata. 3) The utilization of the ex-cultivation rights land on which a mortgage is imposed after it is designated as abandoned land is subject to a delay from BPN RI.
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Rotan, V. G., and S. V. Ochkurenko. "THE LEGAL NATURE OF THE MORTGAGE (THE GUARANTEE) AND ITS DELIMITATIONS FROM THE ADJACENT CIVIL AND LAW PHENOMENON." Issues of Law 20, no. 4 (2020): 40–49. http://dx.doi.org/10.14529/pro-prava200406.
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In this article it substantiates the understanding of the sense of the mortgage (the guarantee) as the complex of the liability law. The absolute (of estate) law relationships apropos of the mortgage (the guarantee) have especially auxiliary significance. And this is why they cannot express the essence of the mortgage (the guarantee).There is an insolubility of the question on the character of the mortgage (the guarantee) in the science. It is caused by this: the discussion on the character of the mortgage (the guarantee) is implementing in principle out of touch of the standards of law, which regulate the mortgage (the guarantee) relationships and out of law relationship, appearing as a result of such regulation or this discussion does not take into account in the appropriate measure the content of the corresponding law statements. The supposed inclusion of the statements on the mortgage (guarantee) in part II of the Civil Code will negatively influence the structure of the Civil Code. We have to differ the mortgage (the guarantee) from the adjacent law phenomenon. In particular the assignment to the mortgagee (creditor on the obligation, which is secured by the mortgage (the guarantee) of the right to satisfy its requirement at the expense of sources, enumerated in paragraph 2 of the article 334 of the Civil Code does not mean that the appropriate rights and law
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., Yuhelson. "Existence of Dependent Rights Guarantee Binding Related to Financing of Musyarakah Facilities in Islamic Banking." Webology 19, no. 1 (2022): 1782–97. http://dx.doi.org/10.14704/web/v19i1/web19119.
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In the musyarakah financing contract, there is the imposition of mortgage rights, which will be auctioned if the customer does not pay the installments to the Islamic bank. However, the concept of musharakah itself does not recognize any mortgage rights, because musharakah adheres to the principle of profit sharing and losses being shared, with the imposition of mortgage rights on musharakah financing creates legal uncertainty for customers, because banks do not want to bear losses together with customers. From the results of the study it was concluded that, the implementation of the binding of mortgage guarantees in musyarakah financing is basically the same as the binding of mortgage guarantees on conventional banks, only regarding the execution of mortgage guarantees musyarakah financing in Islamic banks Courts while in conventional banking in the District Court, and the binding of Mortgage on musyarakah financing is not guaranteed by law, in Law No. 21 of 2008 concerning Islamic Banks it does not regulate mortgage rights in musyarakah financing, and also the imposition of mortgage rights on musyarakah financing proves that Islamic banks do not want to participate in the loss of musharakah financing. With the uncertainty due to the imposition of mortgage rights on musyarakah financing, customers do not get certainty of their rights actually in musharakah financing.
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Soraya, Disa. "LEGAL PROTECTION OF DISADVANTAGED DEBTOR CUSTOMERS IN THE IMPLEMENTATION OF OBJECT EXECUTION AUCTION PROCEDURES IN BANK CREDIT AGREEMENTS." Indonesia Private Law Review 2, no. 1 (2021): 37–48. http://dx.doi.org/10.25041/iplr.v2i1.2224.
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In the process of granting credit, it often happens that the creditor loses when the debtor defaults so that legal rules are required in the implementation of the imposition of the mortgage as stated in a credit agreement, which aims to provide legal certainty and protection for the parties concerned. So, it raises a lawsuit for the cancellation of the auction. Based on these problems, this research aims to answer problems regarding the auction implementation of mortgage rights against debtors who are negligent by the Bank, limits on the determination of the auction limit value for the object of guarantee rights of security rights, and legal protection for bank customers for auction that does not match the value of a collateral object. This study uses an empirical juridical method by conducting literature studies and interviews with informants. The research and discussion results found that: First, the implementation of the mortgage right execution auction can be used as an alternative when bad credit occurs as a result of the customer (the debtor) in default to his creditor. The Bank, as the creditor, has the right to collect receivables from the sale of the object of the mortgage, which is guaranteed by an auction mechanism following the provisions of Law Number 4 of 1996 concerning Mortgage Rights for Land and Other Objects Related to Land. Mortgage rights in the credit agreement have a function to provide a sense of security for creditors in case of default by the debtor through the mortgage’s execution. Second, the limit value’s determination must be determined based on an appraiser’s assessment. So that if the determination of the limit value is so low, it can be used as one of the reasons for the auction’s cancellation. This is based on the provisions of Article 43 and Article 44 of the Regulation of the Minister of Finance of the Republic of Indonesia Number 27/PMK.06/2016 concerning Instructions for Conducting Auctions. Third, as a guarantee of legal protection for customers, if there is a loss due to implementing an auction that is not based on applicable legislation.
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Palawa, Eventy Velly, and Hartini. "URGENSI PENDAFTARAN PERALIHAN PEMEGANG HAK TANGGUNGAN PASCA MERGER MENJADI BANK SYARIAH INDONESIA." Veritas et Justitia 9, no. 2 (2023): 429–55. https://doi.org/10.25123/vej.v9i2.7083.
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The merger of three Islamic state-owned enterprises into Bank Syariah Indonesia (BSI) has impacted the Mortgage Rights execution post-merger. This is partly due to the change in the name of the bank holding the Mortgage Rights before and after the merger. This study examines the obstacles in executing post-merger Mortgage Rights of three state-owned Islamic banks into BSI and the importance of registering the transfer of Mortgage Rights holders post-merger. This research is done with a normative juridical method through document and field studies at the BSI branch in Palangka Raya, which had experienced obstructions in executing Mortgage Rights when the auction application files was returned by the State Wealth Service and Auction Office. The data is analyzed descriptively and obtained from document and field study. It is found that first, one of the obstacles in executing Mortgage Rights by BSI is the difference in the bank’s name on the Mortgage Rights certificate before and after the merger. Secondly, the registration of the transfer of Mortgage Rights is important because a merger is considered as a cause for the transfer of Mortgage Rights due to "other reasons" (Article 16 of the Mortgage Rights Law). There are priorities to be taken into account in the transfer of Mortgage Rights post-merger includes customers who are due, Non-Performing Financing customers, and customers with Write-Off status.
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Chu, Huynh Van. "Mortgaging a Residential Construction Investment Project: Comparison of Vietnamese and Chinese Law." Journal of Law and Sustainable Development 11, no. 9 (2023): e875. http://dx.doi.org/10.55908/sdgs.v11i9.875.
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Objective: The primary objective of the analytical review was to conduct a comparative analysis of the residential construction investment project mortgaging laws in China and Vietnam. The aim was to examine the existing legal frameworks associated with residential mortgages in the two countries and the analysis of areas of similarity, differences, strengths, flaws and drawbacks. The research further evaluates how the mortgage rules protect borrowers and identifies the existing strengths and weaknesses and the systems, and provide the necessary recommendations. Methodology: The review adopted the form of a summary of the existing state of the current laws and regulations associated with the topic of research by combining reference to primary sources including legislation, existing court cases with reference to secondary sources including handbooks, policy papers and most recent journal articles. Findings: Both China and Vietnam have definitive laws which outlines the registration processes of mortgages for residential project construction projects. In China, the registration of mortgages is outlined by Article 388, 395, 400 and 402, Civil Code and Article 2, Real estate Registration Regulation 2019. In Vietnam, the registration of residential real estate mortgage is governed by Article 317, 318, 320-324 of Civil Code 2015 and MOJ Circular 07/2019/TT-BTP. Existing similarities and differences in the parties’ rights and obligations in relation to mortgaging residential real estate projects. Significant differences in terms of the legal aspects of taxes and fees on mortgaged residential property in China and Vietnam. Conclusions: China and Vietnam have witnessed varying levels of changes of property mortgage regulations attributed to the rising housing and mortgage finance needs. The two countries have recorded a wide range of reforms and changes to the law and regulations that govern the mortgaging a residential construction investment project.
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Aziz, Abdul, Wira Franciska, and Felicitas Sri Marniati. "KEPASTIAN HUKUM JAMINAN HAK TANGGUNGAN ATAS SERTIFIKAT HAK PAKAI DI ATAS HAK MILIK PERORANGAN TERKAIT PENOLAKAN PEMBIAYAAN OLEH PERBANKAN." SENTRI: Jurnal Riset Ilmiah 2, no. 12 (2023): 5062–71. http://dx.doi.org/10.55681/sentri.v2i12.1891.
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Seeing the increasing focus on the economic sector, it requires a guarantee rights institution that is able to provide legal certainty. In the UUHT, land rights can be made into mortgages, property rights, business use rights, building use rights and use rights over state land, while PP 18 of 2021 explains usufructuary rights can be used as collateral for mortgage rights. In the phenomenon that occurs, usufructuary rights over individual rights experience rejection by the banking system when they are used as collateral for mortgage rights. Based on these problems, the formulation of the problem is how to implement guarantees for usufructuary certificates over individual property rights related to refusal of financing by banks and how legal certainty guarantees mortgage rights over usufructuary certificates over individual property rights related to refusal of financing by banks. The theory used is Legal Certainty from Gustav Radbruch and Satrio's Guarantee Law Theory. The method used in this study is normative juridical research, namely library law research or secondary data with sources of primary, secondary and tertiary legal materials, supported by interviews. The research approach used is the statutory approach, conceptual approach, analytical approach and case approach, and legal material collection techniques are carried out by identifying and inventorying positive legal rules, literature books, journals and other sources of legal materials. For technical analysis of legal material, it is carried out by means of legal interpretation (interpretation) of grammatical interpretation and systematic interpretation and methods of legal construction. The results of research on usufructuary rights on individual land cannot be encumbered with mortgage rights, this makes it ambiguous between the UUHT and PP 18 of 2021. There needs to be an affirmation in PP 18 of 2021 as well as the guarantee of usufructuary rights so that they can be in line with UUHT
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Martina Nilamsari and I Made Wirya Darma. "Legality of the Position of Advocates as Reporting Parties in the Prevention and Eradication of Money Laundering Crimes." Journal of Law, Politic and Humanities 4, no. 6 (2024): 2086–96. https://doi.org/10.38035/jlph.v4i6.724.
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A mortgage aims to provide protection and legal certainty for stakeholders, one of which is the mortgage-holding creditor. However, in practice, this goal has not been fully realized, as existing mortgages can still be annulled by the court. Debtors must still be held accountable if the collateral bound by the mortgage is annulled by the court, such as for expenses already incurred by the creditors and for the loss of expected profits from the loan. Another effort creditors can make to reclaim their prioritized rights from the debtor is to require the debtor to replace the collateral annulled by the court with another asset of equal nominal value, and then impose a new mortgage on the replacement asset, such as in the form of a mortgage, fiduciary, hypothec, or pledge.
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Suran Ningsih, Ayup, Rini Fidiyani, and Harumsari Puspa Wardhani. "Mortgage Rights for The Sharia Banking Murabahah Akad its Position and Application." Justicia Islamica 21, no. 2 (2024): 423–46. https://doi.org/10.21154/justicia.v21i2.9626.
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This research aims to explain the practice of mortgage rights in Islamic banking, the legal position of mortgage rights as a form of collateral in Islamic banking financing, the application/implementation of mortgage rights in Islamic banking financing, and explore whether mortgage rights as a form of collateral in Islamic banking financing have an equal position with credit in conventional banking. This research uses a sociolegal approach with secondary data sources, namely a review of primary legal texts, secondary legal literature, and non-legal sources. This research concludes that: 1) Mortgage Rights' validity in Islamic banking financing can be observed through the institution of Mortgage Rights regulated in Law Number 4 of 1996 concerning Mortgage Rights on Land and Related Objects. 2) In Islamic banking practice, there is a strong emphasis on the existence of collateral in the assessment of providing financing to customers. 3) Mortgage rights as collateral have a different position between conventional and Islamic banks. This research contributes to understanding the legal position and application of mortgage rights as collateral in murÄbaḥah contracts in Islamic banking. It compares it with the credit system in conventional banking. The research results are expected to provide policy references in the banking sector regarding more effective implementation of mortgage rights in murÄbaḥah contracts.
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Sinaga, Roulinta Yesvery, and Risqi Mumpuni Dyastuti. "Eksistensi Jaminan Hak Tanggungan Sebagai Jaminan Cross Collateral." KANJOLI Business Law Review 1, no. 1 (2023): 61–69. http://dx.doi.org/10.47268/kanjoli.v1i1.9949.
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The freedom to impose more than one mortgage as stated in Article 5 of the Mortgage Right Act is a gap in the misconception of guarantee execution. The existence of more than one debtor or more than one creditor but still on the same collateral motorcycle taxi requires a strict application of clauses in the agreement.The purpose of this study is to examine the existence of mortgage rights as cross-collateral guarantees. This research was carried out in a normative juridical manner, using library data as secondary data for the study of rules and norms in law. The conclusion obtained from this study is that the imposition of mortgage rights can be carried out through two series of activities, namely the granting of mortgage rights and registration of mortgage rights. The freedom to be burdened with more than one mortgage to guarantee more than one debt is waived by Article 5 UUHT. The history of recording more than one mortgage will be recorded on the Mortgage Certificate (SHT) with the mention of the first/second/third rank and so on. The execution of mortgage rights can be carried out by Article 20 UUHT, namely based on the execution parate in Article 6 UUHT, Based on the executorial title in Article 14 and voluntary sale by agreement of both parties Article 20 paragraph (2). Execution constraints are still encountered in practice, especially in the imposition of more than one mortgage. The meaning of the priority principle is a misconception of the appropriate agency. In order to minimize execution constraints, the use of the cross-collateral clause is a way for the application of the creditor prudence principle. The use of cross-collateral which is equipped with cross-default and confirmed in the collateral agreement for collateral registration is then carried out.
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Lan, Qi, and Jinbo Pang. "Risk Identification and Application of Farmland Management Right Mortgage Loan Based on Neural Network." Wireless Communications and Mobile Computing 2022 (May 4, 2022): 1–12. http://dx.doi.org/10.1155/2022/1941360.
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There are a series of problems in China, such as low farmers’ income, difficulty in financing for farmers, and relatively lag in rural financial reform. The mortgage financing of farmland management rights is one of the important ways to solve these thorny problems and promote economic development. From the perspective of farmers, combined with empirical analysis, this paper fully considers farmers’ ideas, carries out risk identification and risk assessment for the mortgage loan of farmland management rights, and continuously improves the relevant risk prevention mechanism to reduce the operation risk of farmers’ farmland mortgage. This paper expounds the establishment principles of the risk evaluation index system in detail, lays a theoretical foundation for the selection of indicators, determines the risk evaluation system of land management right mortgage financing from the perspective of farmers, and builds a fuzzy-level comprehensive evaluation model. Based on the practical research data, the fuzzy hierarchy (F-AHP) comprehensive evaluation method is used to conduct an empirical comprehensive evaluation on the risk of the mortgage loan of the farmland management right and analyze the evaluation results. Among the surveyed farmers in the survey area, 242 have not actually participated in the mortgage loan of farmland management rights, accounting for 94.16% of the sample farmers. However, there are only 15 farmers who actually use the farmland management right for mortgage financing, accounting for 5.84% of the sample.
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Rini, Tifani, Hasbir Paserangi, Oky Deviany, Maskun Maskun, and Ratnawati Ratnawati. "Maintaining Legal Certainty in Indonesia: The Role of Legal Instruments in Protecting Auction Buyer." Al-Ahkam 34, no. 2 (2024): 393–418. https://doi.org/10.21580/ahkam.2024.34.2.22531.
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The implementation of a mortgage auction carries a high potential for lawsuits to cancel the auction due to objections from the debtor. This study analyzes the rights of heirs over assets encumbered with a mortgage based on credit agreements, aiming to provide legal certainty for auction winners and protection for mortgage auction winners. The research is normative with a legislative and conceptual approach. The findings show that inherited property mortgaged by the deceased, the heirs must fulfill the obligations. If they refuse, the bank can auction the property. However, auction winners often face legal disputes from heirs. For example, in Case No. 453/Pdt.G/2021/PN Mks, heirs sued Bank BRI and the auction winner, claiming ownership of the mortgaged property, despite the auction winner having valid proof. A similar issue occurred in Case No. 240/ Pdt.G/2019/PN Mks, where heirs sued PT Penanaman Modal Madani and the auction winner over a mortgaged asset due to non-performing loans. In both cases, auction winners encountered conflicts and difficulties in executing their rights despite winning the auction legally. This highlights that auction winners often lack adequate legal protection, especially in disputes with heirs. Despite existing auction regulations, legal uncertainty remains, and protection for auction winners needs improvement.
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Bisama, I. Made Yoga, Anak Agung Istri Agung, and Desak Gde Dwi Arini. "Akibat Hukum Batalnya Permohonan Pendaftaran Hak Tanggungan Elektronik menurut Peraturan Menteri ATR/BPN Nomor 5 Tahun 2020." Jurnal Konstruksi Hukum 3, no. 2 (2022): 432–37. http://dx.doi.org/10.55637/jkh.3.2.4851.432-437.
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The president cannot regulate all areas of government independently, the government is formed such as the National Land Agency to create a land system in Indonesia. The land sector is related to Mortgage Rights because it is important where banks as creditors to the public need capital with objects being used as collateral by debtors. Technological advances brought changes, previously Mortgage was registered manually which was complicated and convoluted then gave rise to Electronic Mortgage Registration. The purpose of this research is to analyze the process of completing the cancellation of electronic mortgage registration according to the Minister of ATR/BPN Regulation Number 5 of 2020, and to understand the legal consequences of the cancellation of an electronic mortgage registration application according to the Regulation of the Minister of ATR/BPN Number 5 of 2020. The research method used is a type of empirical research using a sociological approach. The sources of legal materials for this research are primary and secondary sources. Data collection techniques used interview techniques, and recorded and documented data materials. This research discusses the process of completing the cancellation of registration and the legal consequences of canceling the application for registration of electronic mortgages according to the Minister of ATR/BPN Regulation Number 5 of 2020. The results of this research indicate that the settlement process in the event of cancellation of Electronic Mortgage Rights is by completing the conditions stipulated in Article 1 paragraph (1) Regulation of the Minister of Agrarian Affairs Number 5 of 1996 and the Legal Consequences of the Cancellation of the Application for Electronic Mortgage Rights, the debtor registers and pays PNBP again.